People v. Nunez CA4/2

INTRODUCTION

Defendant and appellant Rodolfo Nunez appeals an order denying his Penal Code1

section 1172.6 resentencing petition. The order was made at the prima facie stage of the

proceedings. This is his third petition for resentencing. We affirm.

FACTUAL BACKGROUND2

On July 10, 2017, defendant and a fellow gang member, Alfredo Rodriguez, were

driving by the victim’s house in defendant’s car. The victim yelled at defendant to pick

up some trash that had been thrown from defendant’s car. Defendant refused, got out of

his car, and challenged the victim to a fight. Defendant and the victim began walking

toward each other with their fists up, but defendant took a few steps back and yelled to

Rodriguez to get out a gun. Rodriguez got out of defendant’s car with a gun and shot the

victim multiple times from about 10 feet away. Defendant and Rodriguez got back into

defendant’s car and fled the scene. The victim died from three gunshot wounds to his

leg. (Nunez, supra, E071815.)

PROCEDURAL BACKGROUND

A jury found defendant guilty of first degree premeditated murder (§ 187,

subd. (a)), and it found true that the offense was committed for the benefit of a street

gang (§…