People v. Nava CA2/7

INTRODUCTION

Romulo Nava, Jr., was convicted of first degree murder in 2004. Nava petitioned for resentencing under Penal Code section 1172.6.1 The superior court held an evidentiary hearing and denied Nava’s petition, finding Nava was guilty of murder as an aider and abettor of express malice or implied malice murder. Nava argues there was no substantial evidence to support the superior court’s determination.2 He also contends the court misunderstood the elements of aiding and abetting implied malice murder and further failed to consider his youth as a factor in determining his culpability. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Trial, Conviction, and Sentence In 2003, Nava and two codefendants—Brenda Martinez (Martinez) and Gerardo Martinez (Tank)—were charged with murder (§ 187, subd. (a)) for the killing of Sebero Ruiz. The People alleged as to all defendants that a principal intentionally discharged a firearm causing great bodily injury and death to Ruiz (§ 12022.53, subd. (d)), and that the murder was committed

1 Undesignated statutory references are to the Penal Code. 2 Along with his opening brief, Nava (through appointed counsel) filed a petition…