People v. Nava CA2/8

Filed 11/30/21 P. v. Nava CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B311543

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA361088) v.

RICARDO NAVA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Eleanor J. Hunter, Judge. Affirmed. James Koester, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Amanda V. Lopez and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Ricardo Nava appeals from the denial of his petition for resentencing pursuant to Penal Code section 1170.95. We affirm. BACKGROUND In October 2010, defendant was found guilty, along with his codefendant Bryant Rodezno, of the first degree murder of Edwin Catalan, a rival gang member. (Pen. Code, § 187, subd. (a).) Gang and firearm use allegations were found true. Defendant was sentenced to 50 years to life in prison. He received 775 days of presentence custody credits. In an unpublished decision, we affirmed defendant’s and Rodezno’s convictions. (People v. Rodezno (Dec. 21, 2012, B234852) [nonpub. opn.].) The main evidence against defendant came from the testimony of Stephanie Avilez-Gomez, an accomplice who testified pursuant to a plea agreement. Gomez testified that she, defendant and Rodezno were “White Fence gang members and she was often the driver for gang members committing crimes. The White Fence gang believed that Drowsy [victim Edwin Catalan] from rival gang La Mirada Locos had killed a White Fence gang member, and they wanted to kill Drowsy. . . . Gomez, [Rodezno and defendant] got into Gomez’s white Tahoe, and another gang member handed Rodezno a gun wrapped in a sweater. [Rodezno and defendant] told Gomez where to drive and to turn on Westmoreland, in La Mirada Locos gang territory. Then [defendant] told Gomez to stop the car. . . . [Rodezno and defendant] got out and crossed the street, Gomez heard gunshots, [Rodezno and defendant] ran back to the car and got in, [defendant] told Gomez to go (‘ “[g]o or it’s your ass, too” ’), and Gomez sped away. [¶] Gomez testified that, as they drove