People v. Melara CA2/4

INTRODUCTION

In 2004, Erick Melara and a codefendant were convicted of two counts of premeditated first degree murder and one count of attempted willful, deliberate, and premeditated murder. In 2022, Melara filed a petition for resentencing under Penal Code section 1172.6.1 The trial court denied the petition at the prima facie stage, finding that Melara was ineligible for relief as a matter of law because he was not convicted on any theory of murder or attempted murder that is no longer valid. We agree and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Conviction In 2004, Melara was tried with codefendant Rafael Ferguson. The following facts are taken from the nonpublished appellate opinion affirming their convictions, People v. Melara (Jan. 24, 2006, B175116). “Both defendants were members of the Compton Varrio 155 gang (CV 155). Defendants committed the charged murder and attempted murder to avenge the shooting of two men, including defendant Melara’s brother, which had occurred in the CV 155’s neighborhood. During the morning of March 21, 2003, defendant Ferguson drove to the home of Gustavo Gonzalez, a fellow CV 155 member. In Gonzalez’s white car, the two went to a…