People v. Valenzuela CA2/3

FACTS AND PROCEDURAL BACKGROUND

1. Valenzuela is the driver in a shooting at a car in which one victim is shot in the head We refer to the facts from Valenzuela’s trial only “for background purposes and to provide context for the parties’ arguments.” (People v. Flores (2022) 76 Cal.App.5th 974, 978, fn. 2.) We previously granted Valenzuela’s request for judicial

References to statutes are to the Penal Code. Effective June 30, 2022, the Legislature renumbered former section 1170.95 to section 1172.6 with no change in text. (Stats. 2022, ch. 58, § 10.)

2 notice of “[t]his Court’s May 9, 2022 remittitur and accompanying opinion in People v. Valenzuela [(Jan. 7, 2022], B309402[)] [nonpub. opn.]” (Valenzuela II). That opinion, in turn, summarized the facts set forth in People v. Valenzuela (Nov. 10, 2005, B175087) [nonpub. opn.] (Valenzuela I), Valenzuela’s direct appeal from his conviction. During the early morning of November 18, 2001, Felix Carillo was a passenger in a car his friend Francisco Rascon was driving. While stopped at a red light at the intersection of Indiana and Whittier, Carillo saw a white Chevy Blazer traveling eastbound on Whittier. The Blazer made a…