People v. Salinas CA2/2

Filed 1/14/21 P. v. Salinas CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B306475

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA077370-03) v.

ALONDRA SALINAS,

Defendant and Appellant.

THE COURT:

Alondra Salinas (defendant) appeals the trial court’s denial of her motion for relief under Penal Code section 1170.95.1 We dismiss this appeal as abandoned.

1 All further statutory references are to the Penal Code unless otherwise indicated.

FACTS AND PROCEDURAL BACKGROUND 2 I. Facts A. The underlying crime In June 2013, defendant was romantically involved with Kimberly Garcia (Garcia). Garcia’s brother had recently been killed, and Garcia believed that Manuel Haro (Haro) and James Posey (Posey) had been involved in his killing. Garcia shared her belief with the “older homies” in her deceased brother’s gang, and those “older homies” tasked Miguel Esquivias with “handl[ing]” the issue by killing Haro and Posey. Defendant was aware of the gang-sanctioned “hit,” and reassured Garcia in a text message that “[w]e will make [Haro and Posey] pay for everything they did . . . [a]nd ima [sic] be by your side the whole time.” On June 11, 2013, defendant and Garcia drove Esquivias to where Haro was hanging out and after Esquivias put several fatal bullets in Haro’s chest, drove Esquivias from the scene of the killing. Just over a week later, defendant, Garcia and Esquivias bragged that they had killed Haro and were “going to come and kill” Posey. B. Prosecution, conviction and appeal The People charged Esquivias, Garcia, and defendant with Haro’s murder (§ 187, subd. (a)), and alleged firearm and gang 3 enhancements (§§ 12022.53, subd. (d), 186.22, subd. (b)). Because defendant was not the shooter, the trial court instructed the jury that the defendant was liable for murder only if she