People v. Zepeda CA4/3

FACTS

In 2014, a jury convicted Zepeda of: first degree murder (§ 187, subd. (a); count 1) and found the murder was committed during the commission of a kidnapping (§ 190.2, subd. (a)(17)(B) [felony murder-kidnap special circumstance]); kidnapping for ransom, reward or extortion and found he intentionally confined the victim in a way that

1 All further statutory references are to the Penal Code, unless otherwise indicated. 2 Our Supreme Court is currently considering this legal question in People v. Strong (Dec. 18, 2020, C091162) [nonpub. opn.], review granted March 10, 2021, S266606, and oral argument is imminent.

2 created a substantial likelihood of death (§ 209, subd. (a); count 2); and conspiracy to sell methamphetamine (§ 182, subd. (a)(1); count 3) and found the crime involved more than one kilogram of methamphetamine (Health & Saf. Code, § 11370.4, subd. (b)(1)). The court imposed consecutive terms of life without the possibility of parole on the murder and kidnapping convictions and a six-year determinate term on the conspiracy conviction that was enhanced by the quantity allegation. Zepeda appealed, and we affirmed the judgment. (People v. Zepeda (Sept. 30, 2016,…