People v. Perez CA4/3

Filed 3/24/26 P. v. Perez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE,

Plaintiff and Respondent, G063602

v. (Super. Ct. No. 95NF2262)

BENJAMIN PEREZ, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Patrick H. Donahue, Judge. Affirmed. Jan B. Norman, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Christopher P. Beesley and Michael D. Butera, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Benjamin Perez challenges the trial court’s denial of his petition to vacate his murder conviction (Pen. Code, § 1172.6),1 claiming the court was required to consider his youth in deciding if he had acted with intent to kill. We find no error and affirm. FACTS Perez and an accomplice entered a convenience store in 1995, when Perez was 15 years old. One of them asked the night clerk, Nirmal Singh, for a pack of cigarettes. When Singh asked for an ID, Perez told the accomplice, “Pop him, pop him.” The accomplice shot Singh in the chest and Singh fell backwards to the floor. Perez immediately began climbing over the counter and, as he saw Singh moaning on the floor, repeatedly told the accomplice to “shoot him!” As the accomplice appeared to try to unjam the gun, Perez jumped over the counter and emptied the register, and the two then fled. Singh died of his wounds. A jury later convicted Perez of first-degree murder and second- degree robbery. The court sentenced him to a total of 26 years to life in prison. After the Legislature narrowed murder liability and made the changes retroactive, Perez petitioned to vacate his murder conviction (§ 1172.6). The trial court issued an order to show cause and, following an evidentiary hearing, denied the petition, finding beyond a reasonable doubt that Perez was guilty of murder as a direct aider and abettor acting with intent to kill. Although Perez argued the court was required to consider his