People v. Guerrero CA2/8

Filed 7/28/23 P. v. Guerrero CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B321032

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA126680) v.

DAVID PAUL GUERRERO,

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, Idan Ivri and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent.

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In 2017, defendant and appellant David Paul Guerrero was convicted of two counts of murder with special circumstances and sentenced to two terms of life without the possibility of parole, plus consecutive terms of 25 years to life as to each murder count pursuant to Penal Code section 12022.53, subdivisions (d) and (e)(1). While defendant’s direct appeal was pending, Senate Bill 620 (2017–2018 Reg. Sess.) went into effect, amending section 12022.53 to grant discretion to trial courts to strike or dismiss a firearm use enhancement in the interest of justice (Stats. 2017, ch. 682, § 2). In 2019, we affirmed defendant’s conviction. (People v. Guerrero (July 23, 2019, B284001) [nonpub. opn.].) Because of the passage of Senate Bill 620, we granted a limited remand to give the trial court the opportunity to exercise its newly granted discretion to strike or dismiss the firearm use enhancements. At a hearing on April 22, 2022, the court elected not to strike or dismiss the firearm use allegations and did not resentence defendant. Defendant now appeals from the court’s April 22, 2022 order. We affirm. FACTUAL AND PROCEDURAL SUMMARY We do not recite all the facts of the underlying murders as they are not relevant to our disposition. However, we briefly summarize the material facts for context, drawing on our 2019 opinion in defendant’s direct appeal. (People v. Guerrero, supra, B284001.) Defendant is a member of a criminal street gang called Compton Varrio Setentas, otherwise known as CV-70, a primarily Hispanic gang in east Compton. CV-70’s main rivals are the eastside Piru gangs, which are predominantly African-American street gangs associated with the Bloods. Natural Born Players or