People v. Holden CA2/5

I. INTRODUCTION

Defendants Gary Holden and Charles Walker appeal from the trial court’s denial of their petitions for resentencing under Penal Code section 1172.6.1 According to defendants, the court’s factual findings after an evidentiary hearing were not supported by substantial evidence and the court was precluded from making certain findings under the doctrine of collateral estoppel. We affirm.

II. FACTUAL BACKGROUND

A. Trial Evidence2

1. The Shooting

a. Lazaro Isidoro

On January 30, 2004, Lazaro Isidoro went to a taco stand on the corner of Century Boulevard and Normandie Avenue in Los Angeles County. A male, later identified by Isidoro as the shooter, approached and asked Isidoro if he was from “South Los,” a local Mexican gang. Isidoro responded, “‘I don’t bang.’” The shooter was with two other men, and Isidoro had seen the

All further statutory references are to the Penal Code.

At the evidentiary hearing on defendants’ section 1172.6 petitions, the prosecution introduced the reporter’s transcripts of defendants’ 2004 jury trial.

2 three earlier at a gas station across the street from the taco stand with a group of 10 to 15 men.…