People v. Romero CA2/4

INTRODUCTION

Appellant Emmanuel Romero was convicted of murder and attempted murder in 2005. In 2023, he filed a petition seeking resentencing under Penal Code section 1172.6.1 The trial court denied Romero’s petition at the prima facie stage, finding that he was ineligible for relief as a matter of law. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Conviction and direct appeal In 2005, following a jury trial, Romero was convicted of first degree murder (§ 187, subd. (a), count 1) and premeditated attempted murder (§§ 187, subd. (a), 664, count 2) in connection with a drive-by shooting. For both counts, the jury found true that a principal discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)), and that Romero committed the crimes for the benefit of a criminal street gang (§ 186.22 subd. (b)(1)(A)). The trial court sentenced Romero to a term of 50 years to life on count 1, plus a consecutive term of 40 years to life on count 2; additional sentences on the gang enhancements were stayed. In his direct appeal, Romero challenged some of the jury instructions regarding malice given at his trial. (See People v. Romero (2006) 140 Cal.App.4th 15 (Romero).2) This…