People v. Reyes CA2/1

Filed 10/21/21 P. v. Reyes CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B307248

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA081621) v.

CARLOS MAURICIO REYES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Alan Schneider, Judge. Affirmed. Adrian K. Panton, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and David A. Voet, Deputy Attorneys General, for Plaintiff and Respondent. ____________________________

In defendant and appellant Carlos Mauricio Reyes’s first appeal, we remanded for the trial court to exercise its newly enacted discretion whether to strike a firearm enhancement. The trial court opted to leave the enhancement in place. In this second appeal, defendant argues the trial court misconstrued the scope and nature of its discretion in various ways, and thus misapplied that discretion on remand. Defendant’s arguments are forfeited for failure to raise them below. On the merits, they are unsupported by the record and/or fail for lack of prejudicial error. Accordingly, we affirm.

PROCEDURAL BACKGROUND A jury convicted defendant of shooting at an occupied motor vehicle (Pen. Code,1 § 246) (count 1), assault with a firearm (§ 245, subd. (a)(2)) (count 2), and discharge of a firearm with gross negligence (§ 246.3, subd. (a)) (count 3). On count 2, the jury found true the allegation that defendant personally used a firearm (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a)). The trial court, the Honorable Susan M. Speer presiding, sentenced defendant to the high term of four years on count 2, then added the high term of 10 years for the firearm enhancement, for a total of 14 years. The trial court imposed but stayed the sentences on counts 1 and 3 under section 654. In an unpublished decision, we remanded the matter for the trial court to exercise its then-recently enacted discretion whether to strike the section 12022.5 firearm enhancement. We otherwise affirmed the judgment. (People v. Reyes (Oct. 4, 2018, B284102) [nonpub. opn.].)