People v. Lombardo CA3

Filed 3/21/22 P. v. Lombardo CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Tehama) ----

THE PEOPLE, C093907

Plaintiff and Respondent, (Super. Ct. No. NCR41795)

v.

VINCENT MICHAEL LOMBARDO,

Defendant and Appellant.

Defendant Vincent Michael Lombardo appeals from the denial of his petition for relief pursuant to Penal Code section 1170.95. 1 He contends in part that the trial court applied the incorrect standard of review to his petition asserting eligibility for relief. The Attorney General agrees, and we agree with the parties. We reverse the trial court’s order

1 Further undesignated statutory references are to the Penal Code.

1

and remand for further proceedings. In light of our disposition, we need not and do not address defendant’s remaining arguments. FACTS AND PROCEEDINGS In 1996, teenagers Scott Graves and Keith Haney saw Robert Mehringer, who appeared to be intoxicated. The three stopped in front of a store, and Mehringer went inside to buy beer for them to drink under a bridge. On their way to the bridge, Mehringer called out to defendant and another man, Jason Weber, and asked them if they wanted to drink beer. While drinking the beer under the bridge, defendant told Graves they should rob Mehringer. Weber told defendant and Graves that Haney was going to hit Mehringer in the head with a bottle. Mehringer told Weber to “sit down, chill out, and drink [his] beer.” The men prepared to fight, and Weber pushed Mehringer, causing him to fall. Defendant, Haney, and Weber attacked Mehringer, kicking his face and ribs and punching his ribs. Mehringer crawled into the creek, but defendant, Weber, and Haney convinced him to come back and resume drinking. When Mehringer returned, they started beating him again. Mehringer again tried to escape into the creek, but defendant, Weber, and Haney followed him into the creek and continued to beat him. Mehringer crawled out of the water, and Haney, Weber, and defendant resumed beating him until defendant recognized that he had lost consciousness. Defendant, Weber, and Graves checked Mehringer’s pockets. They began to walk away, but Haney returned to Mehringer, and Graves heard the sound of a beer bottle crack near where Mehringer was lying. As the group walked away, Weber said that he had broken his knife while stabbing Mehringer 27 times. The group went back to defendant’s house, where they drank beer and discussed what had happened.