People v. Garza CA5

Filed 6/22/21 P. v. Garza CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F080195 Plaintiff and Respondent, (Super. Ct. No. CF92464473) v.

RICHARD ANTHONY GARZA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. W. Kent Hamlin, Judge. Elizabeth Campbell, under appointment by the Court of Appeal, for Defendant and Appellant. Lisa Smittcamp, Fresno County District Attorney, and Kelsey C. Peterson, Deputy District Attorney, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P.J., Levy, J. and Meehan, J.

Defendant Richard Anthony Garza was convicted of second degree murder and sentenced to 15 years to life in state prison.1 He filed a petition for resentencing, pursuant to Penal Code section 1170.95,2 based upon the changes to the felony-murder rule and the natural and probable consequences doctrine of aider and abettor liability effectuated by Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437). The trial court dismissed his petition, concluding that Senate Bill 1437 was unconstitutional. On appeal, defendant contends the trial court’s decision was error. The People disagree. We agree with defendant. Accordingly, we reverse the order and remand this matter for further proceedings pursuant to section 1170.95. PROCEDURAL SUMMARY On July 8, 1992, the Fresno County District Attorney filed an information charging defendant and two codefendants with the murder of Eric Delgado (§ 187; count 1). Defendant was also charged with three counts of assault with a deadly weapon (§ 245, subd. (a)(1); counts 2, 3 & 4). The information further alleged: as to count 1, defendant personally used a deadly weapon (former § 12022, subd. (b)), and as to all counts, defendant committed the offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). On December 8, 1992, defendant pled guilty to the lesser offense of second degree murder on count 1. Defendant also admitted the personal use of a deadly weapon allegation. Counts 3 and 4 and the gang allegations were dismissed on the People’s motion.

1 Defendant was also convicted of robbery in a separate case. He was sentenced to a determinate term of two years on the robbery on the same date that the sentence was imposed in this case. 2 All further statutory references are to the Penal Code.