People v. Medina CA2/1

Filed 3/16/26 P. v. Medina CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B346613

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA051693) v.

FRANCISCO JAVIER MEDINA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Teresa P. Magno, Judge. Affirmed. Nancy Gaynor, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Defendant Francisco Javier Medina appeals following the superior court’s summary denial of his Penal Code1 section 1172.6 petition for resentencing. Medina’s appointed appellate counsel filed a brief identifying no issues on appeal and requesting that we follow the procedures outlined in People v. Delgadillo (2022) 14 Cal.5th 216. Medina filed a supplemental brief which we address below. We affirm. FACTUAL AND PROCEDURAL SUMMARY In 2002, a jury found Medina guilty of, among other things, first degree murder (§ 187, subd. (a)), premeditated and deliberate attempted murder (§§ 187, subd. (a), 664), shooting at an occupied dwelling (§ 246), and assault with a semiautomatic firearm (§ 245, subd. (b)). The jury also found true special allegations that included that Medina personally used a firearm (§ 12022.5, subd. (a)(1)), personally and intentionally discharged a firearm (§ 12022.53, subd. (c)), and personally and intentionally discharged a firearm causing great bodily injury and death (§ 12023.53, subd. (d)). The court ultimately sentenced Medina to life imprisonment plus 70 years to life plus 26 years 8 months. In 2024, Medina filed a petition for resentencing pursuant to section 1172.6. The superior court appointed counsel to represent Medina and received briefing as to whether Medina had established a prima facie showing of entitlement to relief. On May 23, 2025, the superior court denied the petition at the prima facie stage because Medina’s jury was not instructed on first degree felony murder, natural and probable consequences, or aiding and abetting. The court further found based on the verdict