People v. Perez CA2/8

Filed 9/11/24 P. v. Perez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B330009

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA465253-02 v.

JIMMY A. PEREZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Mark S. Arnold, Judge. Affirmed.

Patricia S. Lai, 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, Idan Ivri and Yun K. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

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We review an order denying appellant Jimmy A. Perez’s petition for recall of sentence brought under Penal Code section 1172.6.1 We affirm. BACKGROUND In 2020, a jury found appellant Jimmy A. Perez guilty of willful, deliberate and premeditated attempted murder and possession of a firearm by a felon. (§§ 664/187, subd. (a); 29800, subd. (a)(1).) The jury also found the attempted murder was committed for the benefit of a gang (§ 186.22, subd. (b)(1)) and a principal personally discharged a firearm causing great bodily injury. (§12022.53, subds. (d) and (e)(1).) The trial court sentenced Perez to 39 years to life plus four years in state prison. On December 22, 2022, Perez filed a petition for resentencing pursuant to section 1172.6. The People filed a response, attaching as exhibits our opinion affirming Perez’s convictions, the jury instructions, and the verdict forms. Perez filed a responsive pleading. On April 20, 2023, the trial court held a prima facie hearing and denied the petition. The trial court found Perez was not “convicted on a theory that is no longer valid. Natural and probable consequences was not an instruction given to the jury. There was no felony murder instruction given to the jury.” This appeal followed. For context only, we recite the facts of the offenses from our prior opinion. (People v. Palacios et al. (July 6, 2022, B310844) [nonpub. opn.].) Appellant and his co-defendant Anthony Palacios entered a tent in a homeless encampment in the City of Los Angeles. Inside the tent were two men. Palacios entered