People v. Zepeda CA2/4

BACKGROUND

Our summary of the factual background is based on the record of appeal and our opinion affirming Montoya’s conviction in (People v. Montoya (Jan. 7, 2015, B243042) [nonpub. opn.] (Montoya I).3 Montoya and another codefendant, Sergio Flores,4 were tried for willful, deliberate and premeditated murder (§ 187, count 1) and shooting from a

Appellant changed her last name to Zepeda following her trial. For consistency, we refer to appellant by the surname “Montoya” throughout this opinion.

While defendant’s petition for review was pending, Penal Code section 1170.95 was renumbered section 1172.6 without substantive change. (Stats. 2022, ch. 58, § 10.) All further undesignated statutory references are to the Penal Code.

We take judicial notice of our opinion and the record in Montoya I.

Montoya and Flores were tried in a joint trial to separate juries. Flores is not a party to this appeal.

2 motor vehicle (former § 12034, subd. (b), count 3)).5 Firearm allegations were included in count 1 (§§ 12022.53, subds. (b), (c), (d), (e)(1)), and criminal street gang allegations were included in counts 1 and 3 (§ 186.22, subd. (b)(1)(c)). At trial, it was…