People v. Mejia CA2/5

Filed 8/4/23 P. v. Mejia CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, B324914

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA389543) v.

ALDO MEJIA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Charlaine F. Olmedo, Judge. Affirmed.

Larry Pizarro, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance by Plaintiff and Respondent.

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Nearly a decade after he pled no contest to mayhem and assault with a firearm, Aldo Mejia filed a petition for resentencing under former Penal Code section 1170.95 (now section 1172.6).1 Mejia appeals from the trial court’s summary denial of his petition. We affirm. PROCEDURAL BACKGROUND On November 5, 2013, Aldo Mejia pled no contest to one count each of mayhem and assault with a firearm. (Pen. Code, §§ 203, 245, subd. (a)(2).) He further admitted firearm and gang enhancement allegations as to the mayhem count. (§§ 12022.5, subd. (a), 186.22, subd. (b)(1).) The trial court sentenced him to 23 years in state prison. On March 3, 2022, Mejia filed a petition for resentencing, asserting he had been charged under an accusatory pleading that allowed the prosecution to proceed under a theory of felony murder or murder under the natural and probable consequences doctrine; that he was convicted at trial of murder, attempted murder or manslaughter or accepted a plea offer in lieu of a trial at which he could have convicted of murder or attempted murder; and, that he could not presently be convicted of murder or attempted murder because of changes made to sections 188 and 189. He also requested the appointment of counsel. The trial court summarily denied the petition on the ground Mejia was never charged with an offense covered by section 1172.6 and was not convicted of one. Rather, Mejia was charged with one count of shooting at an inhabited dwelling (§ 246), one count of mayhem (§ 203), five counts of assault with a firearm (§ 245, subd. (a)(2), and one count of conspiracy to commit murder (§ 182).