California Court of Appeal Oct 7, 2022 No. E079184Unpublished
Filed 10/7/22 P. v. Reyes CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO
THE PEOPLE,
Plaintiff and Respondent, E079184
v. (Super.Ct.No. INF063102)
JULIO CESAR REYES, JR., OPINION
Defendant and Appellant.
APPEAL from the Superior Court of Riverside County. Judith C. Clark, Judge.
Affirmed.
Kevin D. Sheehy, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
1
Defendant and appellant, Julio Cesar Reyes, Jr., filed a petition for resentencing
pursuant to former Penal Code section 1170.95,1 which the court denied. After defense
counsel filed two notices of appeal, this court appointed counsel to represent defendant.
Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d
436 (Wende) and Anders v. California (1967) 386 U.S. 738, setting forth a statement of
the facts, a statement of the case, and two potentially arguable issues: (1) whether the
trial court erred by ruling on the petition at a status conference rather than a formal,
noticed prima facie hearing; and (2) whether the court erred in declining to require
defendant’s presence at the hearing. We offered defendant an opportunity to file a
personal supplemental brief, which he has not done. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND 2
Defendant and a cohort approached the victim at a restaurant. Defendant’s cohort
asked the victim for a cigarette; the victim gave him one and they conversed briefly.
Defendant’s cohort left; defendant pulled out a gun and told the victim to hand over his
watch. The victim complied; defendant demanded his wallet. As the victim was
reaching for his wallet, defendant shot him in the chest. Defendant tried to fire a few
1 Effective June 30, 2022, Assembly Bill No. 200 (2021-2022 Reg. Sess.) amended and renumbered Penal Code section 1170.95 as section 1172.6. (Stats. 2022, ch. 58, § 10.) All further statutory references are to the Penal Code unless otherwise indicated.
2 On the court’s own motion, we take judicial notice of our prior unpublished opinion in defendant’s appeal from the original judgment. (People v. Reyes (May 12, 2011, E051019) [nonpub. opn.] (Reyes); Evid. Code, §§ 452, subd. (d), 459; Cal. Rules of Court, rule 8.1115(b).)
2
more times but the gun misfired. Defendant fled outside, where his cohort picked him
up. They were captured the same night. Defendant had the victim’s watch in his pocket
when he was arrested. The victim survived the gunshot injury with no permanent
disability. (Reyes, supra, E051019.)
A jury found defendant guilty of attempted murder with premeditation and
deliberation (§§ 664, 187, subd. (a), count 1) and robbery (§ 211, count 2). The jury
further found true allegations as to both counts that defendant personally discharged a
firearm resulting in great bodily injury and personally inflicted great bodily injury.