People v. Reyes CA4/1

Filed 4/10/25 P. v. Reyes CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084210

Plaintiff and Respondent,

v. (Super. Ct. No. SCE230338)

JOHN JACOB REYES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, John M. Thompson, Judge. Affirmed. John Reyes, in pro. per.; and Aaron J. Schechter, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Defendant John Jacob Reyes appeals from the superior court’s order denying his postconviction petition seeking resentencing pursuant to Penal

Code1 section 1172.6.2 His appellate counsel filed a brief pursuant to

1 All further undesignated statutory references are to the Penal Code.

People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and Reyes filed a

supplemental brief.3 We have reviewed the issues raised in Reyes’s supplemental brief and have independently reviewed the record. (Id. at p. 232.) We find no reasonably arguable appellate issues and affirm. FACTUAL AND PROCEDURAL BACKGROUND In 2004, a jury convicted Reyes of second-degree murder (§ 187, subd. (a)); vehicular manslaughter with gross negligence (§ 192, subd. (c)(1)); automobile theft (Veh. Code, § 10851, subd. (a)); two counts of driving without a license (Veh. Code, § 12500, subd. (a)); giving false information to a peace officer (Veh. Code, § 31); and evading a peace officer with reckless driving (Veh. Code, § 2800.2, subd. (a)). The trial court also found Reyes had two prior prison convictions (§ 667.5, subd. (b)), and as to the automobile theft conviction, he had been previously convicted of an automobile theft- related crime (§ 666.5, subd. (a)). The court sentenced him to 15 years to life for the murder plus an additional three years and eight months. This court affirmed the judgment in the direct appeal. (People v. Reyes (Mar. 9, 2006, D045393) [nonpub. opn.].) On December 22, 2023, Reyes submitted a pro. per. section 1172.6 petition for resentencing, alleging he could no longer be convicted of murder under the amendments to sections 188 and 189. Reyes mailed the petition to the People and the Office of the Public Defender. However, it does not appear the petition was ever filed in the superior court. Nevertheless, the People