People v. Coronado CA2/3

BACKGROUND

In 2004, Coronado and accomplices, all gang members, drove by Luis Valencia, who was standing in the street near his home. (People v. Coronado (Nov. 18, 2021, B308296 [nonpub. opn.].)2 Someone in the car shot Valencia, killing him. An information filed in 2005 charged Coronado with first degree murder and alleged that a principal used a gun. (§§ 187, subd. (a), 12022.53, subds. (b), (c), (d) & (e)(1).) A jury convicted him of second degree murder and found the principal gun use allegation true. According to an abstract of judgment, a court sentenced Coronado to a total term of 55 years in prison.

All further undesignated statutory references are to the Penal Code. Effective June 30, 2022, section 1170.95 was renumbered to section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) We take judicial notice of prior appellate opinions and rely on them for procedural history only. (Evid. Code, § 452, subd. (a); People v. Lewis (2021) 11 Cal.5th 952, 972 [appellate opinion generally part of record of conviction in § 1172.6 proceedings] (Lewis).)

2 In 2020, Coronado filed his first petition for resentencing under section 1172.6. The trial court denied…