People v. Paredes CA2/8

Filed 7/31/23 P. v. Paredes CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SECOND APPELLATE DISTRICT DIVISION EIGHT THE PEOPLE, B315125 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA472690) v. MIGUEL A. PAREDES, Defendant and Appellant. APPEAL from a judgment of the Superior Court of Los Angeles County. Mark Arnold, Judge. Affirmed in part and remanded in part. Jin H. Kim, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and Yun K. Lee, Deputy Attorneys General, for Plaintiff and Respondent. _______________________ Appellant Miguel A. Paredes was convicted of several gang- related violent crimes involving firearms. On appeal, he argues the trial court erroneously refused to consider the District Attorney’s Special Directives when it considered the prosecution’s motion to dismiss the gang and firearm allegations and when it allowed the introduction of preliminary hearing testimony of an unavailable witness. He also contends the gang enhancements should be vacated due to changes in the law. We affirm the convictions, vacate the true findings on the gang and firearm enhancement allegations, and remand the matter for a new hearing on the prosecution’s motion to dismiss those allegations. FACTUAL AND PROCEDURAL BACKGROUND At approximately 1:30 a.m. on October 27, 2018, Paredes walked through a tent encampment and encountered Audriana Sandoval, Rene Figueroa, and a man called “Joe Joe.” Paredes asked Figueroa where he was from; Figueroa denied being a gang member. Paredes demanded Figueroa lift his shirt, and when Figueroa hesitated, Paredes pulled out a gun and pointed it at Figueroa’s head. Figueroa, concerned for his safety, complied. Paredes asked Joe Joe if he was a gang member, and Joe Joe said no. Paredes walked away toward a bridge, tagging a pillar with spray paint as he went. When Paredes painted on the pillar, he crossed out “Avenues” and painted “HLP.” Omar Herrera1 was under the bridge with Anahi Flores when Paredes walked by holding a flashlight in one hand and a gun in the other. Paredes pointed the gun at Herrera’s face, 1 Herrera also used the last name “Barrera” and other aliases. 2 asked what gang Herrera belonged to, and identified himself as a member of the Highland Park gang. Herrera was afraid for his safety. Herrera denied gang membership, and Paredes laughed and walked on. Paredes next approached Jesus Baena, who was either a former or current member of the Avenues gang. Baena and Paredes exchanged words, and then Paredes fatally shot Baena. Figueroa heard gunfire, then saw Paredes walking back the way he had entered the encampment. As he …

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