People v. Rios CA4/2

Filed 3/3/26 P. v. Rios CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E086380

v. (Super.Ct.No. FSB02398)

DAVID RIOS, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Gregory S. Tavill,

Judge. Affirmed.

John F. Schuck, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

1

Defendant and appellant David Rios appeals from the orders of the San

Bernardino County Superior Court declining to hear his Penal Code section 1172.1

petition and finding him ineligible for resentencing under Penal Code section 1172.6.1

We will affirm.

BACKGROUND

In 1994, a jury convicted defendant of two counts of murder, found true a multiple

murder special circumstance and, as to both counts of murder, it found true that defendant