People v. Casique CA2/5

I. INTRODUCTION

Defendant Ernest Casique appeals from an order denying his petition for resentencing pursuant to Penal Code section 1172.6.1 Defendant contends there was insufficient evidence to support the trial court’s finding that he could still be convicted of felony murder as a major participant who acted with reckless indifference to human life. We affirm.

II. BACKGROUND

A. Underlying Conviction

1. Factual Background2

Andrew Cachu, Silverio Rodriguez-Garcia, and Carlos Monroy were members of the Down as Fuck gang. Defendant was a member of the Palmas 13 Kings gang. Cachu’s brother was in a relationship with defendant’s sister, and defendant spent a lot of time with Cachu and his girlfriend, Kaylee Fuentes. On March 31, 2015, at 8:30 p.m., Fuentes, Cachu, Rodriguez-Garcia, and Monroy drove to visit defendant at his

Further statutory references are to the Penal Code. The Legislature renumbered section 1170.95 as section 1172.6 effective June 30, 2022. (Stats. 2022, ch. 58, § 10.) For clarity, we will refer to section 1172.6 throughout this opinion.

We judicially notice the record in defendant’s direct appeal. (People v. Casique (May 23, 2019,…