People v. Nunez CA4/3

Filed 12/20/22 P. v. Nunez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G061072

v. (Super. Ct. No. 02CF2185)

ISAIAS NUNEZ, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Gary S. Paer, Judge. Affirmed. Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles Ragland, Assistant Attorney General, Robin Urbanski and Brendon W. Marshall, Deputy Attorneys General, for Plaintiff and Respondent.

In 2004, appellant Isais Nunez was convicted of second degree murder for aiding and abetting the fatal shooting of a rival gang member. In this proceeding, he contends there is insufficient evidence to support the trial court’s denial of his petition for 1 resentencing under Penal Code section 1170.95. However, the record contains substantial evidence appellant directly aided and abetted the shooting, which renders him ineligible for resentencing. We therefore affirm the trial court’s order. FACTUAL AND PROCEDURAL BACKGROUND On September 16, 2001, appellant was a member of a criminal street gang known as Sycamore Street. The gang had been feuding with a rival outfit called UBC, and on the morning of the 16th, appellant talked about getting a gun from someone in his gang. The record does not disclose whether appellant actually succeeded in that regard. However, that afternoon he was driving in UBC territory with fellow Sycamore Street member Alejandro Mejia when they came upon a carload of UBC members waiting at a stop sign. Appellant abruptly stopped his vehicle in the middle of the street, allowing Mejia to alight from the passenger door with a gun in his hand. Mejia fired several shots at the UBC members, hitting and killing Jesse Renteria. Then he got back in appellant’s vehicle, and they sped off together. After the shooting, appellant told members of his gang that he and Mejia had shot someone from UBC. He warned of possible payback from UBC and then headed to Mexico for a few months. Upon arrest, he initially denied any involvement in Renteria’s murder but eventually admitted he was with Mejia when the incident unfolded. Appellant claimed he was just giving Mejia a ride at the time and did not know he was armed or intending to shoot anyone. He said he was surprised when Mejia exited his vehicle and opened fire on the victims’ car.