People v. Avila CA2/7

INTRODUCTION

Jose Avila appeals from the superior court’s order denying his petition for resentencing under Penal Code section 1170.95.1 He contends that the court applied the wrong standard of proof at the evidentiary hearing and that substantial evidence did not support the court’s finding Jose aided and abetted the murder of Manuel Pasqual. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. A Jury Convicts Jose of Murder and Assault with a Deadly Weapon; We Modify the Judgment and Affirm On September 1, 2007 Jose Avila drove to South Gate to drop off his younger brother, Jonathan Avila, at a party. As they approached their destination, Jose yelled out, “‘Compton Varrio Tortilla Flats, and this is our neighborhood.’” Jose stopped the car in the middle of the street near a group of six teenagers, Jonathan Sedano, Fernando Gutierrez, Fernando Hernandez, Miguel Lorenzana, Hernan Partida, and Manuel Pasqual, who were gathered around Pasqual’s car. Jonathan got out of the car and asked, “‘Where’s the party at?’” When Sedano responded, “Who are you,” Jonathan punched him. Jonathan and Sedano began to fight, and Gutierrez and Partida joined Sedano in hitting Jonathan, while Jose…