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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).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, B306955

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, Rogelio G. Delgado, Judge. Affirmed. Wayne C. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

In 2007, Luis Miguel Muniz was convicted of first degree murder in which he personally used a firearm. After the enactment of Senate Bill No. 1437 (S.B. 1437) (Stats. 2018, ch. 1015), Muniz petitioned for resentencing under Penal Code section 1170.95. The trial court denied the petition and Muniz appeals. We affirm.

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. The jury convicted Muniz of all counts, including first degree murder, and found the firearm use enhancement allegations true, including the enhancement under subdivision (d) of section 12022.53 for “personally and intentionally discharg[ing] a firearm and proximately caus[ing] … death.” On February 14, 2007, Muniz was sentenced to an aggregate term of