People v. Perez CA2/6

Filed 1/22/26 P. v. Perez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B337711 (Super. Ct. No. VA087429) Plaintiff and Respondent, (Los Angeles County)

v.

ARTHUR PEREZ,

Defendant and Appellant.

Appellant Arthur Perez appeals a post-judgment order denying his Penal Code section 1172.6 petition to vacate his 2006 jury conviction of the attempted murder of Yvonne P.1 The petition was denied at the prima facie stage of the proceedings. We affirm because, as a matter of law, appellant failed to make a prima facie showing of eligibility for relief. The jury instructions conclusively establish that appellant was convicted on the theory that he was the direct perpetrator of the attempted murder.

1 All statutory references are to the Penal Code.

Facts We set forth the relevant facts as summarized by appellant in his opening brief. Appellant states: “The following statement of facts has been taken from the factual discussion . . . in this Court’s decision on direct appeal in [People v. Perez (July 21, 2008)] Case No. B200269 [2008 WL 2791667, at [1]-[2]]. Appellant does not concede the accuracy of that factual discussion.”2 “[S]omeone knocked on the door of a house in Whittier. Brian [H.] answered it. Appellant was standing outside on the porch with another man . . . . Appellant identified himself as Snappy from Los Nietos, a rival gang. Appellant and Brian argued and started to scuffle. Appellant pulled out a gun and shot Brian in the hip.[3] Brian fell to the ground and shoved the door closed. Appellant continued to shoot, firing five or six shots into the house.” “Yvonne [P.] testified that she heard Brian at the front door, arguing with someone about selling drugs. She heard gunshots and saw Brian fall to the ground. She further testified that she ran to the door and kicked it shut. Appellant stepped off