People v. Nava CA2/8

BACKGROUND

In October 2010, defendant was found guilty, along with his codefendant Bryant Rodezno, of the first degree murder of Edwin Catalan, a rival gang member. (Pen. Code, § 187, subd. (a).) Gang and firearm use allegations were found true. Defendant was sentenced to 50 years to life in prison. He received 775 days of presentence custody credits. In an unpublished decision, we affirmed defendant’s and Rodezno’s convictions. (People v. Rodezno (Dec. 21, 2012, B234852) [nonpub. opn.].) The main evidence against defendant came from the testimony of Stephanie Avilez-Gomez, an accomplice who testified pursuant to a plea agreement. Gomez testified that she, defendant and Rodezno were “White Fence gang members and she was often the driver for gang members committing crimes. The White Fence gang believed that Drowsy [victim Edwin Catalan] from rival gang La Mirada Locos had killed a White Fence gang member, and they wanted to kill Drowsy. . . . Gomez, [Rodezno and defendant] got into Gomez’s white Tahoe, and another gang member handed Rodezno a gun wrapped in a sweater. [Rodezno and defendant] told Gomez where to drive and to turn on Westmoreland, in La Mirada Locos gang territory.…