People v. Meza CA2/2

Filed 6/14/24 P. v. Meza CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B329872

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA054914) v.

BRAYAN MARTIN MEZA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Deborah S. Brazil, Judge. Reversed and remanded.

Michael C. Sampson, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior

Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, and Rama R. Maline, Deputy Attorney General, for Plaintiff and Respondent.

****** The trial court denied the third petition filed by Brayan Martin Meza (defendant) for resentencing under Penal Code section 1172.61 without an evidentiary hearing. Because, under recent Supreme Court precedent, the standard CALCRIM No. 401 instruction for direct aiding and abetting is effectively deemed to permit conviction on the basis of imputed malice, we must reverse the decision below and remand for an evidentiary hearing. FACTS AND PROCEDURAL BACKGROUND I. Facts A. Underlying crime2 Defendant belonged to the “Westside Playboys” street gang, and Carlos Sotello (Sotello) belonged to the “Down As Fuck” street gang. The two gangs were allies. Sotello decided to pick two fist fights with David Hendricks (Hendricks), and lost both of