People v. Rocha CA3

Filed 10/19/22 P. v. Rocha CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Calaveras) ----

THE PEOPLE, C094841

Plaintiff and Respondent, (Super. Ct. No. F3428A)

v.

DANIEL MAURICE LESSIUE ROCHA,

Defendant and Appellant.

In 2007, a jury found defendant Daniel Maurice Lessiue Rocha guilty of first degree murder, unlawful possession of a firearm, and offering a bribe to a correctional officer. The jury found true a street gang allegation, a firearm enhancement, and a prior strike allegation. In 2019, after we affirmed his direct appeal, defendant petitioned under

1 Penal Code1 section 1170.95 (now section 1172.6)2 for relief due to changes to the felony-murder rule. The trial court denied the petition.…