People v. Samos CA2/2

Filed 12/5/23 P. v. Samos CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B329949

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. NA082655)

ANGEL SAMOS,

Defendant and Appellant.

THE COURT: In an amended information filed by the Los Angeles County District Attorney’s Office in 2012, defendant and appellant Angel Samos was charged with the attempted murder of Sonia Tejada (Tejada) (Pen. Code, §§ 664, 187, subd. (a)),1 the attempted murder of Los Angeles Police Department (LAPD) Officer Michael Montoya (§§ 664, 187, subd. (a)), the attempted murder of LAPD Officer James Toma (§§ 664, 187, subd. (a)), carjacking

1 All further statutory references are to the Penal Code unless otherwise indicated.

(§ 215, subd. (a)), kidnapping for carjacking (§ 209.5, subd. (a)), sexual penetration by a foreign object (§ 289, subd. (a)(1)), forcible oral copulation (§ 288a, subd. (c)(2)), possession of a firearm by a felon (§ 12021, subd. (a)(1)), shooting at an occupied motor vehicle (§ 246), and two counts of assault on a peace officer with a semiautomatic firearm (§ 245, subd. (d)(2)). Various firearm enhancements were also alleged. Defendant pled no contest to the charge of being a felon in possession of a firearm; a jury convicted him of the attempted murder of Tejada, kidnapping for carjacking, shooting at an occupied motor vehicle, and two counts of assault on a peace officer with a semiautomatic firearm. The firearm allegations tied to those counts were found true. (§ 12022.53, subds. (c) & (d).) The jury found defendant not guilty of forcible oral copulation and the attempted murder of Officer Toma. The jury was unable to reach a verdict on the charges of carjacking, sexual penetration by a foreign object, and the attempted murder of Officer Montoya; those counts were subsequently dismissed in the furtherance of justice. The trial court sentenced defendant to an aggregate term of 66 years to life in state prison. This court affirmed the judgment on direct appeal. (People v. Samos (Aug. 6, 2013, B239703) [nonpub. opn.], p. 12.) Effective January 1, 2019, Senate Bill No. 1437 (2017–2018 Reg. Sess.) substantively amended sections 188 and 189 to “eliminate[] natural and probable consequences liability for murder as it applies to aiding and abetting[] and limit[] the scope of the felony-murder rule. [Citations.]” (People v. Lewis (2021) 11 Cal.5th 952, 957.) Now, a murder conviction “requires proof that the defendant (1) was the actual killer (who acted with the requisite express or implied malice), (2) directly aided and