People v. Meza CA2/2

FACTS AND PROCEDURAL BACKGROUND2

I. Facts

Carlos Sotello (Sotello) picked two fist fights with David Hendricks (Hendricks) in a day, and lost both of them. Sotello walked away after the first, but shot and killed Hendricks after the second. Defendant was watching the second fight and holding a gun; during that fight, Sotello retrieved the gun from defendant in order to shoot Hendricks.

All further statutory references are to the Penal Code unless otherwise indicated

For the background in this case, we rely on our prior opinion, contained in the record. (People v. Meza (May 30, 2015, B266328 [nonpub. opn.].)

II. Procedural Background

A. Underlying conviction and sentence The People charged defendant with murder (§ 187), and alleged that the murder was committed for the benefit of, at the direction of, and in association with a criminal street gang (§ 186.22, subd. (b)(4)). The People further alleged in the alternative that a principal in the crime (1) personally used a firearm (§§ 12022.53, subds. (b), (e)(1), 186.22, subd. (b)(4)), (2) personally discharged a firearm (§§ 12022.53, subds. (c), (e)(1), 186.22, subd. (b)(4)), and (3) personally used and…