People v. Guardado CA2/5

Filed 12/21/20 P. v. Guardado CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B303152

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA386978) v.

JUAN CARLOS GUARDADO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Fred N. Wapner, Judge. Affirmed. James M. Crawford, under appointment by the Court of Appeal for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Zee Rodriguez and Paul S. Theis, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant’s petition for resentencing under Penal Code section 1170.95 was summarily denied.1 As defendant was not entitled to relief as a matter of law, we affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Underlying Conviction Defendant was convicted of murder for his part in a gang shooting. The victim was sitting in his parked car in rival gang territory. Defendant and his co-defendant, Danny Navarrete, walked up the victim’s car. Navarrete shot the victim in the head. Defendant subsequently told a fellow gang member that he and Navarrete had caught a rival unprepared and to lay low until everything calmed down. Defendant and Navarrete were charged with one count of murder (§ 187), firearm enhancements (§ 12022.53, subds. (b)- (d)), and a gang enhancement (§ 186.22, subd. (b)(1)(C).) It was alleged that Navarrete was the actual shooter; the firearm enhancements alleged as to defendant were vicarious. The defendants were convicted as charged. The murder was found to be in the first degree. Defendant was sentenced to 50 years to life in prison, comprised of 25 years to life for the murder plus 25 years to life for the firearm enhancement. On appeal, defendant’s conviction was affirmed. (People v. Navarrete (May 8, 2014, B247600) [nonpub. opn.].) Among other things, defendant argued that there was insufficient evidence that he had aided and abetted the murder.2 A prior panel of this