People v. Salamanca CA2/1

Filed 4/29/21 P. v. Salamanca CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B300962

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA082067) v.

GUMARO SALAMANCA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Allen J. Webster, Jr., Judge. Affirmed in part, reversed in part, and remanded for further proceedings. Tanya Dellaca, 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, Charles S. Lee and David W. Williams, Deputy Attorneys General, for Plaintiff and Respondent. ___________________________________

A jury convicted Gumaro Salamanca of first degree murder, attempted willful, deliberate and premeditated murder, and shooting at an inhabited dwelling, and found true several firearm and gang allegations. The trial court sentenced him to 50 years to life in prison. We conditionally reversed the conviction. (People v. Salamanca (Jan. 13, 2016, B254814) [nonpub. opn.].) In our opinion on Salamanca’s prior appeal we recited the facts as follows: “Defendant is a member of the Compton Varrio 70 (CV70) street gang. On October 5, 2005, CV70 gang leader David Guerrero ordered several gang members driving in two cars to commit three shootings as part of a longstanding conflict between CV70 and ‘Piru,’ a rival gang. Following Guerrero’s instructions, defendant drove several fellow CV70 members to a gas station, where two individuals exited his car and shot Charles Smith and Jazmine McKinney with two handguns and an AK-47 assault rifle. Both victims survived. Defendant then drove to Gibson Street, where someone in the car leaned out the front passenger window and shot at a house with the AK-47. Finally, he drove to a parked car containing Dewan Ferguson and Melvin Walker, members of the Leuders Park Piru street gang, a CV70 rival. Someone from his vehicle shot the Piru members with the AK-47. Ferguson survived but Walker was killed. [¶] . . . [¶] “On March 1, 2007, detectives interrogated defendant . . . [¶] . . . [D]efendant stated . . . [h]e knew Danny Guerrero, as they played Xbox together, including on October 5, 2005, the day of the shooting. On that day, other people arrived at the house after he did, but he could not remember their names. He did not associate with those people, but merely played Xbox with Danny Guerrero. He was nevertheless ordered by a CV70 member whose name he