People v. Young CA4/3

Filed 9/9/21 P. v. Young CA4/3 Opinion following rehearing

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G057741

v. (Super. Ct. No. RIF106722)

WESLEY IRA YOUNG, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Riverside County, John D. Molloy, Judge. Reversed and remanded with directions. Carl Fabian, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Matthew Rodriguez, Acting Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, A. Natasha Cortina, Lynne G. McGinnis and Quisteen S. Shum, Deputy Attorneys General, for Plaintiff and Respondent.

Wesley Ira Young appeals an order denying his petition to vacate his 1 murder conviction and to be resentenced under Penal Code section 1170.95. The order was made prior to the Supreme Court’s recent decision in People v. Lewis (2021) 11 Cal.5th 952 (Lewis), which clarified the rules respecting the adjudication of resentencing petitions under section 1170.95. Because the trial court did not have the benefit of the Lewis decision in ruling on appellant’s petition, we reverse its denial order and remand the matter for further proceedings consistent with that decision. FACTUAL AND PROCEDURAL BACKGROUND A detailed recitation of the underlying facts is set forth in the prior opinions we have written in this case. (See People v. Scott et al. (Mar. 30, 2009, G040888) [nonpub. opn.] (Young I) and People v. Young (Mar. 8, 2018, G040888) [nonpub. opn.] (Young II).) In short, appellant and several other members of his gang went to a party in 2 Corona to exact revenge on Bryan Williams for a prior incident. They started by attacking Williams in the garage and beating him up. Then, when the host of the party intervened and broke up the attack, three members of appellant’s group pulled out guns and started shooting. One of the shots struck and killed party guest Daveon Lee. Appellant and two other members of his group (Tavares Scott and Mario Gray) were charged with first degree premeditated murder, attempted premeditated murder and shooting at an inhabited dwelling. (§§ 187, subd. (a), 189, subd. (a), 664, subd. (a), 246.) The prosecution also alleged a special circumstance that the murder was committed to further the activities of a criminal street gang. (§ 190.2, subd. (a)(22).) And, it alleged as sentence enhancements that appellant acted for the benefit of such a gang and that he vicariously discharged a firearm causing death or great bodily injury. (§§ 186.22, subd. (b), 12022.53, subds. (d), (e).)