People v. Chavez CA4/2

Filed 11/10/22 P. v. Chavez CA4/2 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE,

Plaintiff and Respondent, E074718

v. (Super.Ct.No. CR46579)

DANIEL RAY CHAVEZ, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. John D. Molloy, Judge.

Reversed.

Joanna Rehm, 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 Charles C. Ragland, Senior Assistant

Attorneys General, and Arlene A. Sevidal, Lynne G. McGinnis, and Randall D. Einhorn,

Deputy Attorneys General, for Plaintiff and Respondent.

1

In 1996, petitioner Daniel Ray Chavez was convicted of (among other things) two

counts of first degree murder, with felony-murder special circumstances, on a felony-

murder theory. In 2019, he filed a petition to vacate the murder conviction under Penal

Code section 1172.6.1 The trial court denied the petition; it ruled that the felony-murder