People v. Villagomez CA5

INTRODUCTION

Petitioner Jesus Villagomez petitioned the superior court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on four counts of attempted murder (§§ 187, subd. (a), 664). The trial court conducted an evidentiary hearing and denied the petition on the ground petitioner was the actual shooter. On appeal, petitioner contends the evidence does not support a finding that he intended to kill the victims, as required to support his convictions. We affirm.

FACTUAL BACKGROUND

The charges in this case arise from two drive-by shootings that occurred on different days outside the home of B.J.2 in Orosi.

I. Law Enforcement Investigation

On March 24, 2017, Detective M. Rascon3 was informed of a drive-by shooting at a residence in Orosi and received information about the involved car and a potential suspect, a Norteño from Orosi who went by the moniker of “Bubba.” Rascon knew, through prior contacts with petitioner, that he used the moniker, Bubba. Rascon drove by petitioner’s residence and saw a green Honda parked outside. Rascon then went to the location of the shooting, which he identified as B.J.’s residence, to obtain more…