People v. Manzo CA4/1

Filed 8/30/23 P. v. Manzo CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081439

Plaintiff and Respondent,

v. (Super. Ct. No. SCS212840)

MARTIN MANZO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Timothy R. Walsh, Judge. Affirmed. John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, A. Natasha Cortina, Lynne G. McGinnis, and Christine Levingston Bergman, Deputy Attorneys General, for Plaintiff and Respondent.

Martin Manzo appeals the order denying his Penal Code section 1172.6 petition for resentencing on his first degree murder conviction. The trial

court ruled Manzo was ineligible for relief without holding an evidentiary hearing on the ground that the record of conviction showed he was the actual killer. We affirm. BACKGROUND Manzo fatally shot Jose Miguel Valadez with a pistol as Valadez and Jose Eduardo Estrada sat inside Manzo’s truck and Manzo stood outside it. Manzo also pointed the gun at Estrada, but the pistol misfired. (People v. Manzo (2012) 53 Cal.4th 880, 883-884 (Manzo).) The People filed a complaint against Manzo and Estrada charging them with the murder of Valadez. (Pen. Code, § 187, subd. (a); undesignated section references are to this code). The People alleged Manzo had two prior convictions that constituted serious felonies and strikes. (§§ 667, 1170.12.) The People later filed an information that dropped Estrada as a defendant. They reasserted the murder charge (§ 187, subd. (a)), and added firearm enhancement allegations (§§ 12022.5, subd. (a), 12022.53, subds.(b), (d)). The People added charges of shooting at an occupied vehicle (§ 246), with firearm and great bodily injury enhancement allegations (§§ 12022.5, subd. (a), 12022.53, subds. (b), (d), 12022.7, subd. (a)); willful, deliberate, and premeditated attempted murder of Estrada (§§ 21a, 187, subd. (a)), with firearm enhancement allegations (§§ 12022.5, subd. (a), 12022.53, subd. (b)); and unlawful possession of ammunition (former § 12316, subd. (b)(1)). The People reasserted the allegations of prior serious felony and strike convictions (§§ 667, 1170.12), and added allegations that Manzo had served three prior prison terms (former § 667.5, subd. (b)). The case went to trial before a jury on the theory that Manzo shot Valadez to steal methamphetamine that was hidden in his cell phone. (Manzo, supra, 53 Cal.4th at p. 884.) The trial court instructed the jury on