People v. Zavala CA5

Filed 3/6/24 P. v. Zavala CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F085859 Plaintiff and Respondent, (Super. Ct. No. CR-18-009772) v.

RAYMOND LUIS ZAVALA, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Stanislaus County. Shawn D. Bessey, Judge. Candace Hale, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Deputy Attorney General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Franson, J. and Meehan, J.

Appellant Raymond Luis Zavala appeals following the denial of his petition for resentencing under Penal Code1 former section 1170.95 (now § 1172.6).2 The parties agree that the trial court erred in denying appellant’s petition at the prima facie stage of the statutory proceedings. Upon review of the record and arguments, we agree and therefore reverse the trial court’s order and remand for further proceedings. FACTUAL AND PROCEDURAL BACKGROUND In December 2018, appellant and four codefendants (Stephen Tisdale, Mariah Silva, Pedro Araiza, & Rodrigo Gomez) were charged in a criminal complaint with multiple counts of murder and attempted murder. Appellant himself was charged in several of the included counts. Count I charged appellant, Tisdale, and Silva with the murder of James Chisum. An included enhancement and special circumstance alleged that all three acted intentionally, deliberately, and with premeditation and were active participants in a criminal street gang. Two other enhancements alleged that Tisdale “personally and intentionally discharged a firearm and proximately caused great bodily injury or death to another person,” while appellant and Silva “were principals in the foregoing offence.” Count IV charged appellant, Tisdale, and Silva with the attempted murder of Debra Petrina. Included enhancements alleged that all three acted intentionally, deliberately, with premeditation, and for the benefit of a criminal street gang. Two other enhancements alleged that Tisdale “personally and intentionally discharged a firearm and proximately caused great bodily injury or death to another person,” while appellant and Silva “were principals in the foregoing offence.”