People v. Mejia CA5

Good Law
Court of Appeal of CaliforniaMay 9, 2022F079996California5,025 words

Opinion

Opinion

INTRODUCTION

Appellant Jesus Alvarez Mejia1 was charged and convicted of count 1, first degree murder, and count 2, attempted first degree murder, with firearm enhancements. Appellant was sentenced to indeterminate life terms on the convictions and enhancements. In 2019, appellant filed a petition for resentencing pursuant to Penal Code2 section 1170.95 and alleged his murder conviction was based on the felony-murder rule and/or the natural and probable consequences doctrine, and he was not the actual killer. The superior court denied the petition. On appeal, his appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has filed his own supplemental brief. We affirm.

FACTS3

Rogelio Fernandez-Tovar (Rogelio) owned property in Madera County on which a barn and corrals were situated and used for horse training. On the morning of June 11, 1999, Silviano Fernandez-Tovar (Silviano), Rogelio’s brother, was working a horse on the property. Alfredo Guzman (Guzman), who also kept a horse on the property, arrived about 9:30 a.m.

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