People v. Muniz CA2/3

Filed 1/15/21 P. v. Muniz CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B306408

Plaintiff and Respondent, Los Angeles County Super. Ct. No. KA072234 v.

LUIS MIGUEL MUNIZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Juan Carlos Dominguez, Judge. Dismissed. Wayne C. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

Defendant Luis Miguel Muniz appeals from the denial of a habeas corpus petition seeking reversal of his convictions. After independently reviewing the record, we conclude we lack jurisdiction over the appeal and dismiss it.

BACKGROUND

In an information filed in September 2006, Muniz was charged in count one with the murder of Gustavo Ramirez (Pen. Code,1 § 187, subd. (a)), in count two with shooting a firearm from a motor vehicle (§ 12034, subd. (c)), in count three with the attempted murder of Hector Escamilla (§§ 664/187, subd. (a)), and in count four with the attempted murder of Carlos Molinar (§§ 664/187, subd. (a)). As to count one, the information alleged that Muniz personally and intentionally discharged a firearm causing Ramirez’s death within the meaning of section 12022.53, subdivision (d). As to the other counts, the information also alleged firearm use enhancements. Following a jury trial, Muniz was convicted of all counts and the firearm use allegations were found true. On February 14, 2007, Muniz was sentenced to an aggregate term of 100 years to life. The judgment was affirmed in 2009. (People v. Muniz (Jan. 16, 2009, B197185) [nonpub. opn.].) On May 1, 2020, Muniz filed a petition for writ of habeas corpus asserting that his trial attorney allowed the prosecutor to “bully” Muniz into not testifying at trial. Muniz also asserted that the prosecutor threatened “to fly in the F.B.I.” and reopen a closed case if Muniz called alibi witnesses at trial. On June 10,