People v. Gonzalez CA2/5

Filed 11/30/20 P. v. Gonzalez CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B300650

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA072648) v.

BENJAMIN GONZALEZ et al.,

Defendants and Appellants.

APPEALS from orders of the Superior Court of Los Angeles County, Tomson T. Ong, Judge. Reversed and remanded with directions. Joanna McKim, under appointment by the Court of Appeal, for Defendant and Appellant Benjamin Gonzalez. Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant Gilbert Gomez. Vanessa Place, under appointment by the Court of Appeal, for Defendant and Appellant Gerson Bazan.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Charles S. Lee and Stephanie C. Santoro, Deputy Attorneys General, for Plaintiff and Respondent.

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I. INTRODUCTION

Defendants and appellants Benjamin Gonzalez, Gilbert Gomez, and Gerson Bazan appeal from the trial court’s denial of their Penal Code section 1170.951 petitions for resentencing. We reverse and remand for further proceedings as set forth below.

II. PROCEDURAL BACKGROUND

A jury convicted defendants of first degree murder (§ 187, subd. (a)) and found true the allegation that the murder was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)).2 The trial court sentenced Gomez and Bazan to 25 years to life in state prison and Gonzalez to 50 years to life in state prison under the Three Strikes law (§§ 667, 1170.12). With modifications not relevant to this appeal, a prior panel of this