People v. Mendoza CA1/4
Opinion
Opinion
Filed 9/3/24 P. v. Mendoza CA1/
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIRST APPELLATE DISTRICT
DIVISION FOUR
THE PEOPLE,
Plaintiff and Respondent, A167028 v. (Mendocino County Super. Ct.
JOHN GILBERT MENDOZA,
No. SCUK-CRCR-2006-707412) Defendant and Appellant.
MEMORANDUM OPINION1
Defendant John Mendoza contends that the trial court erred by relying on the factual summary contained in this court’s prior opinion, People v. Mendoza, case No. A117658, to conclude that Mendoza was convicted as an actual killer and, therefore, ineligible for resentencing relief.2 The People concede the error, and we agree. We reverse. Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Stats. 2018, ch. 1015) amended the felony murder rule and the natural and probable consequences
1 We resolve this case by memorandum…