People v. Armendariz CA2/5

Filed 1/25/24 P. v. Armendariz CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B329819

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. TA092537)

DAVID ARMENDARIZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Judith L. Meyer, Judge. Affirmed. Jeanine G. Strong, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

A jury convicted defendant and appellant David Armendariz (defendant) and his codefendant Jonathan Juarez of first degree murder. The facts adduced at trial demonstrated Juarez was the shooter in the gang-related killing; defendant aided and abetted the murder. The jury found a gang enhancement attached to the murder charge true and the trial court found defendant had suffered two prior Three Strikes law convictions and two prior convictions within the meaning of Penal Code section 667(a)(1).1 The court sentenced defendant to a total of 85 years to life in prison. In 2010, this court affirmed defendant’s conviction on direct appeal. Years later, defendant petitioned for resentencing pursuant to section 1172.6 (former section 1170.95). After appointing counsel and receiving briefs from the People and defendant, the trial court held a hearing and denied the petition based on its finding that defendant did not present a prima facie case for relief. The court found the jury instructions given at defendant’s trial revealed he was convicted of express malice, first degree murder.2 Defendant appealed, and this court appointed counsel to represent him. After examining the record, defendant’s attorney filed an opening brief raising no issues and asking that we follow the procedures set forth in People v. Delgadillo (2022) 14 Cal.5th 216. We invited defendant to submit a supplemental brief.