People v. Preciado CA2/8

Filed 1/27/22 P. v. Preciado CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B313831

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA088962) v.

VICTOR PRECIADO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Teresa P. Magno, Judge. Affirmed.

Christine M. Aros, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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In May 2010, a jury found defendant and appellant Victor Preciado guilty of four counts of murder arising from three separate gang-related driveby shootings in November 2006. The jury found true the special allegation that a principal personally and intentionally discharged a firearm, within the meaning of Penal Code section 12022.53, subdivisions (b), (c), (d) and (e)(1) as to all four counts and found true the allegation that defendant personally used a firearm in the commission of the count 4 murder (id., subds. (b)–(d)). The jury also found true the multiple murder special circumstance allegation (§ 190.2, subd. (a)(3)), and the special circumstance allegations that the murders were intentionally committed by means of discharging a firearm from a motor vehicle “with the intent to inflict death” (§ 190.2, subd. (a)(21)), and defendant intentionally committed the murders while an active gang member for purposes of furthering the activities of a criminal street gang (§ 190.2, subd. (a)(22)). A jailhouse informant testified at trial that defendant confessed to being “the ‘mastermind’ behind a driveby shooting involving members of his gang” and also admitted using “a rifle to shoot a woman because his gang was feuding with another gang.” (People v. Preciado (Mar. 21, 2012, B226362) [nonpub. opn.].) Defendant was sentenced to life imprisonment without the possibility of parole, plus a consecutive sentence of 25 years to life on each of the four murder counts. A panel of this court affirmed defendant’s conviction in an unpublished decision after modifying the judgment to reduce the restitution fine to $10,000. (People v. Preciado, supra, B226362.) In 2018, Senate Bill 1437 (2017–2018 Reg. Sess.) was passed. Penal Code section 1170.95 was enacted as part of the