People v. Parra CA2/4

── People v. Parra CA2/4 ── Court: California Court of Appeal Date: June 04, 2026 Category: General Filed 6/4/26 P. v. Parra CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR THE PEOPLE, B345972 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA114995) v. FRANCISCO ARGENIS PARRA, Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County, Maria Davalos, Judge. Affirmed. Waldemar D. Halka, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Noah P. Hill, Supervising Deputy Attorney General, and Thomas C. Hsieh, Deputy Attorney General, for Plaintiff and Respondent.  In 2014, a jury convicted defendant and appellant Francisco Argenis Parra (appellant) of first degree murder, among other crimes. In 2019, appellant filed a resentencing petition under Penal Code section 1170.95 (now 1172.6).1 Following an evidentiary hearing, the trial court denied the petition, finding appellant was a major participant who acted with reckless indifference to human life. We affirm. FACTUAL BACKGROUND2 I. Trial Testimony Hector Arciga, Pedro Huerta Zuniga, and appellant had a scheme to rob drug dealers. After gaining a drug dealer’s trust by making an initial small purchase, they would set up a larger purchase. During this second encounter, they would rob the dealer of both the money and the drugs. Here, the robbery during the second purchase resulted in the killing of one dealer and the injury of another. Jesus Vasquez testified he was a close friend of the dead victim, Carlos Zarate. About a week and a half before Zarate’s murder, Vasquez was present when Zarate sold 20 pounds of marijuana to appellant and Zuniga. On April 22, 2009, the day of the second purchase, Vasquez, Martha Gutierrez (his mother-in-law), Zarate, and Manuel Rojas went to an apartment in Bellflower to sell 140 pounds of marijuana to appellant and Zuniga. The dealers brought 60 pounds of the drug with them and planned to deliver the remainder after receiving the money. 1 All undesignated statutory references are to the Penal Code. 2 We grant appellant’s request for judicial notice of the appellate record from his direct appeal in case No. B258201. The facts are taken from our opinion and the record in that appeal. 2  Appellant initially waited outside the apartment while Zuniga and Arciga went inside, but by the time the parties started exchanging drugs and money, appellant was also inside. Arciga checked the product while Gutierrez started counting the money, which was wrapped in plastic. She asked Vasquez to assist her. As Vasquez was walking toward Gutierrez, someone said, “This is a stick up.” All the “buyers” pulled out their guns. Vasquez saw Zuniga pull a handgun from his waist. He then heard several gunshots and saw Zarate staggering. Vasquez also saw Arciga shooting at Zarate while walking towards him. After Zarate had fallen to the ground, Arciga fired five more shots at him. Zuniga snatched the money from Gutierrez. At around the same time, Vasquez heard Rojas screaming. After another gunshot, Vasquez observed Rojas on the floor.