People v. Ordonez CA2/1

BACKGROUND

1. Petitioner was convicted of second degree murder In a one-count information, petitioner was charged with the murder of Manuel Saucedo, and the People alleged gang and firearm enhancements. The jury convicted petitioner of second degree murder and found the enhancements true. The original trial court sentenced petitioner to an indeterminate term of 40 years to life.

2. Summary of facts Our summary of the facts underlying the murder is based on petitioner’s summary in the resentencing court because on appeal, he provided no summary in his opening brief and the record on appeal does not include a transcript of the trial.

Undesignated statutory citations are to the Penal Code. These facts are set forth in petitioner’s reply brief in the resentencing court. On appeal, petitioner does not summarize the facts but merely recites facts for which he “does not adopt the truth or accuracy . . . .” California Rules of Court, rule 8.204

2 Petitioner was a self-admitted MS-13 gang member. The shooting that led to the death of Saucedo occurred approximately at 10:00 p.m. on May 9, 2007 in 18th Street gang territory. One day before the shooting, a member of the…