People v. Maldonado CA3

Filed 2/2/22 P. v. Maldonado CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C093172

v. (Super. Ct. No. 00F08280)

JOSE SANTIAGO MALDONADO,

Defendant and Appellant.

In December 2001, defendant Jose Santiago Maldonado was found guilty of murder and it was found he was personally armed during the murder’s commission. Defendant was sentenced to 25 years to life plus three years. In June 2020, defendant

1

filed a petition for resentencing under Penal Code section 1170.95.1 The trial court found defendant ineligible for relief because the factual summary in our prior opinion indicated the jury could have found defendant guilty of murder under a direct aider and abettor theory. Defendant now contends the trial court erred when it engaged in fact-finding before issuing an order to show cause. The People agree the matter should be remanded for further proceedings, and we do too. BACKGROUND We take the background from this court’s prior opinion in defendant’s direct appeal. (People v. Maldonado (Dec. 3, 2003, C041013) [nonpub. opn.] (Maldonado).)2 Rojelio Garcia, while working at a convenience store, rejected a counterfeit bill used by David Deponte and called the police. Deponte complained about Garcia to defendant and others, telling defendant he planned on confronting Garcia. Deponte made statements that defendant interpreted as a plan to shoot Garcia, though defendant later told police he did not believe Deponte would go through with it. Defendant also told police he gave Deponte a firearm but later recanted the statement. (Id. at pp. 2-3.) On the evening of October 1, 2000, Deponte shot and killed Garcia outside of the convenience store. Defendant and his brother followed Deponte that evening and took bets on whether he would go through with the shooting. After witnessing the shooting, defendant expressed surprise Deponte did it, then went to Garcia’s body and took his jewelry, cell phone, and wallet. (Maldonado, supra, C041013 at pp. 3-4.) On December 12, 2001, a jury found defendant guilty of first degree murder (§ 187, subd. (a)), and found that he was personally armed with a firearm during the