People v. Reyna CA2/2

Filed 7/30/25 P. v. Reyna CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO THE PEOPLE, B340017

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. BA289095)

HECTOR REYNA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Mark S. Arnold, Judge. Reversed with directions. Sydney Banach, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters and Susan Sullivan Pithey, Assistant Attorneys General, Noah P. Hill and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent.

In 2006, Hector Reyna was convicted of first degree murder and sentenced to 50 years to life in prison for acts he committed when he was 15 years old. In 2024, he filed a petition under Penal Code1 section 1170, subdivision (d)(1), which permits juvenile offenders sentenced to life without the possibility of parole (LWOP) to petition for recall and resentencing. The trial court denied the petition, reasoning that appellant’s sentence was neither LWOP nor its functional equivalent. The Attorney General concedes this was error, and we agree. Accordingly, we reverse the order denying appellant’s petition and remand for the trial court to consider whether appellant meets the other requirements for relief. FACTS AND PROCEDURAL BACKGROUND In 2006, a jury convicted appellant of first degree murder (§ 187, subd. (a)) and found true several firearm allegations (§ 12022.53, subds. (b)–(d)) and a gang enhancement (§ 186.22, subd. (b)(1)(A)). He was sentenced to 54 years to life in prison. This court affirmed appellant’s conviction but struck the four-year gang enhancement, resulting in a modified sentence of 50 years to life. (People v. Reyna (Nov. 28, 2007, B193238) [nonpub. opn.].) In 2024, appellant filed a petition for recall of his sentence under section 1170, subdivision (d)(1), and attached materials to show his rehabilitation while in prison. The People opposed his petition. The trial court held a hearing and then denied the petition, concluding that appellant’s sentence of 50 years to life does not qualify him for relief under section 1170, subdivision (d).