People v. Meza CA2/2

Filed 3/5/15 P. v. Meza CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B250365

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA054914) v.

BRAYAN MARTIN MEZA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Rand S. Rubin, Judge. Affirmed. Corona & Peabody, Jennifer Peabody, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Mary Sanchez and Jonathan M. Krauss, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant Brayan Martin Meza (defendant) challenges his 40-year sentence for murder on the grounds that (1) the 25-year firearm enhancement, which was based in part upon a gang enhancement (Penal Code, §§ 12022.53, subds. (d), (e)(1), 186.22, subd. 1 (b)(4)) , was improperly imposed, and (2) the trial court erred in not granting a third postponement of his sentencing hearing. There is no reversible error, so we affirm. FACTUAL AND PROCEDURAL BACKGROUND Carlos Sotello (Sotello) picked two fist fights with David Hendricks (Hendricks) in a day, and lost both of them. Sotello walked away after the first, but shot and killed Hendricks after the second. Sotello got the gun he used from defendant. Sotello belonged to the “Down as Fuck” (DAF) street gang, and defendant belonged to the Westside Playboys street gang. The two gangs were allied, and had overlapping members. The People charged defendant with murder (§ 187), and alleged that the murder was committed for the benefit of, at the direction of, and in association with a criminal street gang (§ 186.22, subd. (b)(4)). The People further (and alternatively) alleged that a principal in the crime (1) personally used a firearm (§§ 12022.53, subds. (b), (e)(1), 186.22, subd. (b)(4)), (2) personally discharged a firearm (§§ 12022.53, subds. (c), (e)(1), 186.22, subd. (b)(4)), and (3) personally used and discharged a firearm causing death (§§ 12022.53, subds. (d), (e)(1), 186.22, subd. (b)(4)). Following trial, a jury convicted defendant of second degree murder under an aiding and abetting theory, and found the gang enhancement as well as all of the firearm enhancements to be true. Defendant elected to represent himself following the return of the verdict. The court sentenced defendant to 40 years to life in prison—15 years to life on the murder charge, followed by 25 years to life for the enhancement involving discharge of a firearm causing death. The court imposed, but stayed sentences of 20 years and 10 years for the firearm enhancements for discharge and use of a firearm, respectively; the court also stayed any sentence on the gang enhancement.