People v. Chavez CA2/5

Filed 10/22/25 P. v. Chavez CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B339308

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. VA140483)

JESUS CHAVEZ et al.

Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County, Lisa S. Coen, Judge. Affirmed. DWYER + KIM, and John P. Dwyer, under appointment by the Court of Appeal, for Defendants and Appellants. No appearance by Plaintiff and Respondent.

In 2018, a jury convicted Jesus Chavez of first degree murder. (Pen. Code,1 § 187, subd. (a).) The jury found true the allegations that Chavez personally and intentionally discharged a firearm proximately causing death (§ 12022.53, subd. (d)), and that the murder was intentional and perpetrated by discharging a firearm from a vehicle with intent to inflict death (§ 190.2, subd. (a)(21)). In a bench trial, the court found true the allegations that Chavez had suffered a prior strike within the meaning of the Three Strikes Law (§§ 667, subds. (b)-(i), 1170, subds. (a)-(d)) and suffered a prior serious felony conviction (§ 667, subd. (a)). The trial court sentenced Chavez to life without the possibility of parole plus consecutive terms of 25 years to life for the firearm enhancement and five years for the prior serious felony enhancement. In 2024, Chavez petitioned for resentencing pursuant to section 1172.6. The trial court appointed counsel. The People filed a response opposing the petition. Appointed counsel filed a reply. The trial court held a hearing and denied the petition based on its finding that Chavez was ineligible as a matter of law because the jury was not instructed on an imputed liability theory of murder. Chavez appealed, and this court appointed counsel to represent him. After examining the record, Chavez’s attorney filed an opening brief raising no issues and asking that we follow the procedures set forth in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). We invited Chavez to submit a supplemental brief.