People v. Monroy CA4/3

Filed 8/2/22 P. v. Monroy CA4/3 Opinion following transfer from Supreme Court

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G058919

v. (Super. Ct. No. 02CF0424)

MARCO ANTONIO MONROY, OPI NION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Kimberly Menninger, Judge. Reversed and remanded. Tonja R. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra and Rob Bonta, Attorneys General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland and Robin Urbanski, Assistant Attorneys General, Michael Pulos, Lynne G. McGinnis, Melissa Mandel and Nora S. Weyl, Deputy Attorneys General, for Plaintiff and Respondent. * * *

In 2005, defendant Marco Antonio Monroy was convicted of eight counts involving several victims and sentenced to a total term of 25 years, 4 months, plus life with the possibility of parole. One of the counts was attempted murder (Pen. Code, §§ 1 664, 187). On direct appeal, we affirmed the judgment. (People v. Monroy (Dec. 14, 2006, G035580) [nonpub. opn.] (Monroy I).) In January 2020, defendant filed a petition for resentencing in superior 2 court pursuant to section 1172.6 (former § 1170.95). We affirmed the trial court’s denial of the petition. (People v. Monroy (Feb. 11, 2021, G058919) [nonpub. opn.] (Monroy II).) Defendant sought review by the California Supreme Court, which was granted and held pending action on other matters with related issues. This case was subsequently remanded back to this court for further consideration. Based on the Supreme Court’s decision in People v. Lewis (2021) 11 Cal.5th 952 (Lewis), and the legislative changes to former section 1170.95, we reverse the trial court’s order and remand the matter for further proceedings.