People v. Tracchia CA2/2

Filed 1/18/23 P. v. Tracchia CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO THE PEOPLE, B315752 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA033116) v. GLENN MATTHEW TRACCHIA, JR., Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County, Juan Carlos Dominguez, Judge. Affirmed. Jonathan E. Demson, 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, Charles S. Lee and Stephanie A. Miyoshi, Deputy Attorneys General, for Plaintiff and Respondent. Defendant and appellant Glenn Matthew Tracchia, Jr. (defendant), appeals from the order denying his petition filed pursuant to Penal Code former section 1170.95 (now § 1172.6).1 Defendant contends the trial court erred by treating the evidentiary hearing held pursuant to section 1172.6, subdivision (d) as a trial de novo, and certain of the trial court’s findings are subject to issue preclusion under the principles of res judicata and collateral estoppel. Defendant also contends the trial court applied an erroneous standard of proof at the evidentiary hearing, and this court should conduct its own independent review of the record to determine whether the prosecution met its burden of proof. We find no merit to defendant’s contentions and thus affirm the order. BACKGROUND In 1997 defendant and his codefendant Steve Erenesto Mejico were each convicted by a jury of the second degree murder of Robert Imperial with true findings that a principal was armed with a firearm and that the murder was committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote and assist in criminal conduct by gang members. Defendant was sentenced to 16 years to life in prison. We affirmed the judgment in People v. Tracchia (B117379, Oct. 19, 1998) (nonpub. opn.). 1 Effective June 30, 2022, Penal Code former section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) For the sake of simplicity, we will refer to the section by its new number. All further unattributed code sections are to the Penal Code unless otherwise stated. 2 Relevant 1997 trial evidence2 The parties stipulated at trial that the Dogpatch gang is a criminal street gang. The prosecution’s gang expert, Los Angeles County Sheriff’s Deputy Tommy Harris, testified that he was familiar with the Dogpatch gang, which committed crimes such as robberies, burglaries, narcotics offenses, and assaults. He added that crimes against other gang members were usually assaultive. David Valdez, who was also convicted of Imperial’s murder, was an admitted member of …

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