People v. Tracchia CA2/2

Filed 2/17/21 P. v. Tracchia CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B300730

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA033116) v.

GLENN MATTHEW TRACCHIA, JR.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Steven D. Blades, Judge. Reversed and remanded with directions. Jonathan E. Demson, 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, Senior Assistant Attorney General, Paul M. Roadarmel, Jr. and John Yang, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Glenn Matthew Tracchia, Jr. (defendant) appeals from the summary denial of his petition for resentencing pursuant to Penal Code section 1170.95,1 based upon the trial court’s finding that the statute was unconstitutional. Respondent agrees and joins defendant in requesting reversal. We reverse the trial court’s order and remand with instructions.

BACKGROUND Defendant’s murder conviction In 1997, a jury convicted defendant and codefendant Steve Mejico (Mejico) of one count of second degree murder (§ 187, subd (a)), and found true the allegation under section 12022, subdivision (a)(1) that a principal was armed with a firearm.2 The jury also found true the allegation under section 186.22, subdivision (b)(1) and (4) that the murder was committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote and assist in criminal conduct by gang members. A third participant in the crime, David Valdez (Valdez), pled guilty to second degree murder. Defendant and his codefendant were sentenced to terms of 16 years to life in prison, and we affirmed the judgments.