People v. Gonzales CA5

INTRODUCTION

Defendant Jose Martin Gonzales appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1172.61 (former § 1170.95).2 On appeal, defendant argues the trial court erred in denying his petition because substantial evidence does not support that defendant’s actions caused Isaac Ortiz’s death or that he acted with implied malice. However, because the record indicates the trial court did not analyze the proper elements in denying defendant’s section 1172.6 petition and its decision was based on a misunderstanding of the legal requirements of direct aiding and abetting implied malice murder, we reverse and remand for a new evidentiary hearing.

PROCEDURAL BACKGROUND

The District Attorney of Kern County filed a consolidated complaint on December 8, 2017, charging defendant, codefendant Carlos Danny Garcia, and codefendant Manuel Cadena Martinez with premeditated murder (§ 187, subd. (a)) and alleging defendant had two prior strike convictions within the meaning of the “Three Strikes” law (currently codified at §§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) and two prior serious felony convictions (§ 667, subd. (a)). On April 18,…