People v. Reyes CA2/1

Filed 11/14/24 P. v. Reyes CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B336589

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA047462) v.

JOSE ALBERTO REYES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Hayden A. Zacky, Judge. Reversed. Gerald J. Miller, 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, Noah P. Hill and Steven E. Mercer, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant Jose Alberto Reyes is serving a prison sentence of 55 years to life for an attempted murder he committed when he was 17 years old. He filed a petition to recall his sentence and to be resentenced under Penal Code section 1170, subdivision (d).1 The court determined that Reyes was not eligible for relief under that statute and denied the petition without considering its merits. We reverse. FACTUAL AND PROCEDURAL SUMMARY In 2005, a jury convicted Reyes of premeditated attempted murder. (§§ 187, subd. (a), 664, subd. (a).) The jury also found true certain firearm and gang allegations. (§§ 186.22, subd. (b)(1)(A), 12022, subd. (a)(1), 12022.53, subds. (b)–(e)(1).) In a bifurcated proceeding, the court found that Reyes had a prior strike conviction. (§§ 667, subds. (b)–(i), 1170.12.) The court sentenced him to prison for 55 years to life. We affirmed the judgment in an unpublished opinion. (People v. Reyes (Apr. 2, 2007, B187941).) On December 15, 2023, Reyes filed a petition to recall his sentence and be resentenced pursuant to section 1170, subdivision (d)(1) and People v. Heard (2002) 83 Cal.App.5th 608 (Heard). In his petition, Reyes states that he was 17 years old when he committed his crime and that he has served at least 15 years of his 55 years to life sentence. Reyes alleged the following additional facts under subdivision (d)(2) of section 1170: (1) He “committed the offense with at least one adult codefendant”; and (2) he had “performed acts that tend to indicate rehabilitation or