People v. Meza CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

A. Underlying crime2 Defendant belonged to the “Westside Playboys” street gang, and Carlos Sotello (Sotello) belonged to the “Down As Fuck” street gang. The two gangs were allies. Sotello decided to pick two fist fights with David Hendricks (Hendricks), and lost both of

All further statutory references are to the Penal Code unless otherwise indicated. Effective June 30, 2022, section 1170.95 was renumbered section 1172.6 (Stats. 2022, ch. 58, § 10). For simplicity’s sake, we will refer to the section by its new numbering.

These facts are drawn from the prior two appellate decisions in this case—namely, the 2015 opinion affirming defendant’s conviction (People v. Meza (Mar. 5, 2015, B250365) [nonpub. opn.]), and the 2021 opinion affirming the denial of one of defendant’s prior petitions for resentencing under section 1172.6 (People v. Meza (Aug. 12, 2021, B307736) [nonpub. opn.]).

2 them. After losing the first time, Sotello walked away; after losing the second, he got a gun from defendant and shot Hendricks dead. B. Prosecution, conviction, sentence, and appeal The People charged defendant with Hendricks’s murder…