People v. Zarazu CA2/8

BACKGROUND

On July 6, 2009, a jury found appellant Henry Zarazu guilty of the first degree murder of Francisco Herrera, the attempted murders of Carlos Nunez and Richard Murillo, and shooting from an occupied motor vehicle. (Pen. Code,1 §§ 187, subd. (a), 664, 246.) The jury also found true that the murder was perpetrated by means of discharging a firearm from a motor vehicle with the intent of inflicting death. (§ 190.2, subd. (a)(21).) As to all the counts the jury found true principal firearm enhancements under section 12022.53, subdivisions (b) through (e) and gang enhancements under section 186.22, subdivision (b). On November 23, 2009, the trial court sentenced Zarazu to life in prison without the possibility of parole on the murder conviction plus 105 years on the other counts of conviction. On April 18, 2022, Zarazu filed a petition for resentencing under section 1172.6. The trial court appointed counsel, ordered briefing, and held a hearing to determine appellant’s prima facie eligibility for relief. The trial court denied the petition, finding Zarazu had not made a prima facie case for relief because he was convicted of murder and attempted murder as a direct aider and…