People v. Gomez CA4/1

discussion we will use the new statutory designation (i.e., § 1172.6) in referring, in general, to the statute previously designated as section 1170.95 and in referring to the specific statutory language of the current version of the statute. However, in referring to the specific statutory language in prior versions of the statute, we will refer to “former section 1170.95.” 2 We conclude that Gomez’s arguments lack merit, and we accordingly affirm the order denying Gomez’s petition for resentencing. I.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Murder of Daniel M. Around midnight on March 6, 2004, Daniel M. and his friend Yolanda C. were walking down Millar Street in El Cajon. Daniel M. was a member of the Varrios Unidos criminal street gang, also referred to as V.U. Immediately after Daniel M. and Yolanda C. walked past two trucks parked on the other side of the street, a man standing next to one of the trucks invoked the name of a rival gang, stating “This is Dukes. This is Dukes[’s] street.” Daniel M. replied, “That’s cool.” Several other men then popped up from where they had been crouching near the trucks. When Daniel M. started running away, a man emerged from behind one…