P. v. Mendoza CA6
Maurillo Garcia died in August 2011 after receiving multiple stab wounds. Defendants Marcos Mendoza, David Martell, and Juan Javier Ramirez (collectively, defendants) appeal their convictions, following a joint trial, for second degree murder (Pen. Code, §§ 187, 189) with gang enhancements (Pen. Code, § 186.22, subd. (b)) for killing Garcia. (Unspecified statutory references are to the Penal Code.) We previously filed a partially published opinion finding no prejudicial error and affirming defendants’ judgments with modifications. The Supreme Court directed us to vacate our decision and reconsider the appeal in light of People v. Superior Court (Lara) (2018) 4 Cal.5th 299 (Lara). We re-file our original analysis regarding all issues except for the application of Proposition 57, the Public Safety and Rehabilitation Act of 2016, to Ramirez’s case (contained in a new Part III, post).
Comments on P. v. Mendoza CA6