People v. Reyes CA4/3

Filed 8/17/23 P. v. Reyes CA4/3
Opinion following transfer from Supreme Court
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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
FOURTH APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE,
Plaintiff and Respondent, G059251
v. (Super. Ct. No. 04CF2780)
ANDRES QUINONEZ REYES, OPINION
Defendant and Appellant.
Appeal from a postjudgment order of the Superior Court of Orange County,
Richard M. King, Judge. Reversed and remanded.
Gerald J. Miller, under appointment by the Court of Appeal, for Defendant
and Appellant.
Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant
Attorney General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson and
Jennifer B. Truong, Deputy Attorneys General, for Plaintiff and Respondent.
BACKGROUND
Defendant Andres Quinonez Reyes was convicted of the second degree
murder of Pedro Javier Rosario. Reyes was not the actual shooter. Following the
passage of Senate Bill No. 1437 (Stats. 2018, ch. 1015, §§ 2-4) (Senate Bill No. 1437) in
2018, Reyes filed a petition for resentencing pursuant to former Penal Code section
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1170.95.
The trial court appointed counsel for Reyes and conducted an evidentiary
hearing. Following that hearing, the court concluded, beyond a reasonable doubt, that a
jury would have found defendant guilty of murder even after the passage of Senate Bill
No. 1437. The trial court therefore denied Reyes’s section 1172.6 petition. In an
unpublished opinion, this court affirmed the trial court’s order denying the petition.
The California Supreme Court granted Reyes’s petition for review, and
reversed the judgment of this court with directions to remand the matter to the trial court.
(People v. Reyes (2023) 14 Cal.5th 981, 992.) Therefore, we reverse the judgment of the
trial court and remand this matter with directions to conduct further proceedings on
Reyes’s section 1172.6 petition, consistent with the California Supreme Court’s opinion.
DISPOSITION
The trial court’s postjudgment order denying the petition for resentencing is
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Effective June 30, 2022, Penal Code section 1170.95 was renumbered section 1172.6,
with no change in text. (Stats. 2022, ch. 58, § 10.) We will refer to the statute as
section 1172.6. All further statutory references are to the Penal Code.
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reversed, and the matter is remanded for further proceedings consistent with the
California Supreme Court’s opinion in People v. Reyes, supra, 14 Cal.5th 981.
MOTOIKE, J.
WE CONCUR:
O’LEARY, P. J.
BEDSWORTH, J.
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