People v. Zamora CA2/5

I. INTRODUCTION

In 2000, a jury convicted defendant Javier Zamora of attempted murder, assault with a firearm, attempted second degree robbery, and assault by means of force likely to produce great bodily injury. The jury also found true criminal street gang and firearm allegations. In 2021, defendant filed a petition for resentencing of his attempted murder conviction pursuant to former Penal Code section 1170.951. The trial court denied the petition and defendant appeals. We affirm.

II. BACKGROUND

A. Defendant’s Underlying Convictions

The following background is taken from the unpublished opinion of a prior panel of this Division that heard the direct appeal from defendant’s underlying convictions (People v. Gallardo (Oct. 11, 2001, B143091) [nonpub. opn.] (Gallardo))2:

All further statutory references are to the Penal Code unless otherwise stated. Effective June 30, 2022, the Legislature renumbered section 1170.95 to section 1172.6 with no change in text. (Stats. 2022, ch. 58, § 10.) Further references will be to the statute’s current section number only.

Neither party contends the facts as recited in the prior appellate opinion do not accurately…