People v. Meraz

242 Cal. Rptr. 3d 1, 30 Cal. App. 5th 768
CourtCalifornia Court of Appeal, 5th District
DecidedDecember 27, 2018
DocketB245657
StatusPublished
Cited by14 cases

This text of 242 Cal. Rptr. 3d 1 (People v. Meraz) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Meraz, 242 Cal. Rptr. 3d 1, 30 Cal. App. 5th 768 (Cal. Ct. App. 2018).

Opinion

BIGELOW, P. J.

*770Codefendants Juan Ramon Meraz, Juan M. Chambasis, and Victor Bibiano separately appeal their convictions and sentences for murder, attempted murder, and discharging a firearm at an inhabited dwelling following a gang-related shooting that killed two victims and seriously injured a third. This is our third opinion in this case. In our first opinion, we affirmed the judgments with certain corrections to their sentences. The California Supreme Court granted review and transferred the case to us for *771reconsideration of defendants' confrontation clause challenges to the gang expert's testimony in light of People v. Sanchez (2016) 63 Cal.4th 665, 204 Cal.Rptr.3d 102, 374 P.3d 320 ( Sanchez ). In a partially published opinion, we again affirmed the judgments as modified. ( People v. Meraz (2016) 6 Cal.App.5th 1162, 212 Cal.Rptr.3d 81.)

Appellants once again sought review. The California Supreme Court denied Chambasis's petition, but granted Meraz's and Bibiano's petitions and held the cases pending disposition in two other cases raising issues related to sentencing juveniles to life without parole. The court specifically ordered that our prior opinion remain precedential. ( Cal. Rules of Court, rule 8.1115(e)(3).) The court transferred the matter to us to determine if Meraz and Bibiano's sentencing challenges were rendered moot by Senate Bill No. 394, effective January 1, 2018. If not, the court directed us to reconsider the matter in light of Montgomery v. Louisiana (2016) --- U.S. ----, 136 S.Ct. 718, 732-735, 193 L.Ed.2d 599 ( Montgomery ). In supplemental briefing after transfer, appellants raise additional issues based on several newly enacted laws.

Our reconsideration of this case does not affect the portions of our prior opinion affirming appellants' convictions. We reissue those parts of our opinion without change and, for clarity, we republish the previously published part of our prior opinion. In the unpublished part of this opinion, we reject Meraz's and Bibiano's Eighth Amendment challenges to their sentences as moot but conditionally reverse and remand their judgments for transfer hearings pursuant to Welfare and Institutions Code section 707. Presuming Meraz's and Bibiano's cases are transferred to adult criminal court, they are entitled to resentencing hearings to make a record of factors potentially relevant to their future youth offender parole hearings. Moreover, all three appellants are entitled to remand for the trial court to *4consider whether to exercise its discretion to strike firearm enhancements. Finally, we will correct several other aspects of their sentences.

PROCEDURAL HISTORY

Appellants were jointly charged with the murders of Javier Zamora and Justin Curiel ( Pen. Code, § 187, subd. (a) ; counts 1 & 2),1 the attempted premeditated murder of Jose Santa Ana ( §§ 187, subd. (a), 664 ; count 3), and discharging a firearm at an inhabited dwelling (§ 246; count 4). For the murder counts, multiple-murder and gang-murder special circumstances were *772alleged. (§ 190.2, subd. (a)(3), (22).) A variety of firearm and gang enhancements were also alleged.2 A first trial ended in a mistrial after the jury deadlocked. On retrial, the jury found appellants guilty on all counts and found all special circumstances and enhancements true. At separate sentencing hearings, the trial court sentenced each appellant to life without the possibility of parole, a consecutive life sentence, and an additional 50 years to life in state prison as follows: life without the possibility of parole for count 1, plus 25 years to life pursuant to section 12022.53, subdivision (d); and a consecutive life sentence on count 3, plus 25 years to life pursuant to section 12022.53, subdivision (d). The court imposed concurrent sentences on counts 2 and 4 and stayed the remaining enhancements for counts 1 and 3.3 The court imposed various fines, fees, and custody credits discussed further, post , as necessary. Appellants separately appealed.

STATEMENT OF FACTS

The shooting in this case was part of a long-standing rivalry between two gangs in Pacoima: Pacoima Terra Bella (Terra Bella) and the Pacoima Project Boys (Project Boys). The rivalry reached a heated point on May 5, 2008, when Project Boys member Jose Avila shot and killed Terra Bella member Alejandro Villa. Avila was convicted of the murder. The shooting by appellants here-all Terra Bella members-was viewed as retaliation for Villa's murder.

On September 20, 2009, the day of the shooting, 16-year-old Project Boys member Santa Ana lived at the San Fernando Gardens housing project, which was in Project Boys gang territory. Santa Ana and fellow Project Boys member Zamora were on the porch of Rosemary Hurtado's apartment when Curiel joined them. Curiel was not a gang member and had just moved into San Fernando Gardens. About five minutes after Curiel arrived, three males approached, carrying firearms. Santa Ana recognized them and identified them at trial as Bibiano, also known as "Blacky"; Meraz, also known as "Curley"; and Chambasis, also known as "Bash." Bibiano asked the trio where they were from, which Santa Ana knew was gang parlance asking which gang they were from. Curiel tried to say he "wasn't from anywhere." One of the appellants said they were from Terra Bella. Meraz told a group of young children playing nearby, including Curiel's brother, to leave. When the children left, appellants began shooting.

Before the shooting, 12-year-old S.B. was playing near the porch where the shooting took place. She noticed three males approaching the victims on the *773porch. One of the approaching males had a *5gun in his hand, and S.B. identified him at trial as Chambasis. As the shooting began, she grabbed her younger brother and carried him inside her house.

Zamora was shot seven times, three of which were fatal. Curiel was shot four times, two of which were fatal. Santa Ana was shot five times, and although he survived, he acted like he was dead. After appellants fled back the way they had come, Santa Ana saw his friends were dead, so he tried to walk toward a nearby fire station but collapsed on the way.

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Cite This Page — Counsel Stack

Bluebook (online)
242 Cal. Rptr. 3d 1, 30 Cal. App. 5th 768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-meraz-calctapp5d-2018.