People v. Gomez CA6

Filed 5/13/24 P. v. Gomez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H050814

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1650718)

v.

RICARDO GOMEZ,

Defendant and Appellant.

Defendant Ricardo Gomez pleaded guilty to murder and other crimes arising from charges that, while intoxicated, he sped through a red light and struck and killed a pedestrian. He is currently serving a sentence of 15 years to life consecutive to three years. Gomez appeals from an order denying his petition for resentencing under Penal Code section 1170.95 (now Pen. Code, § 1172.6)1. Gomez argues the trial court improperly denied his petition at the prima facie stage by relying on preliminary hearing evidence. For the…