People v. Lorenzo CA2/5

I. INTRODUCTION

Defendant Jaime Lorenzo appeals from the trial court’s denial of his Penal Code section 1172.61 petition for resentencing following an evidentiary hearing. He contends the evidence was insufficient to support the court’s finding that he aided and abetted his cohort’s murders of the two victims. We affirm.

II. FACTUAL AND PROCEDURAL BACKGROUND2

In 2009, defendant was convicted, following a jury trial, of the second degree murder of Albert Rojas in violation of section 187, subdivision (a) (count 1) and the first degree murder of Federico Perez also in violation of section 187, subdivision (a) (count 2). The jury found true as to both defendant and codefendant David Carino the allegation that a principal was armed with a firearm in the commission of the murders within the meaning of section 12022, subdivision (a)(1). The jury found not true the allegation that defendant personally used a firearm within the meaning of section 12022.53, subdivision (b). The evidence at trial demonstrated that on an evening in October 2007, the two murder victims and their friends walked

1 All statutory references are to the Penal Code. Defendant filed his petition…