People v. Ruiz CA4/3

California Court of Appeal May 1, 2023 No. G061769MUnpublished

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Holding. The court held that a defendant convicted of second-degree murder based on implied malice from driving under the influence is ineligible for relief under Penal Code section 1172.6 because the statute does not apply to convictions not based on felony murder or the natural and probable consequences doctrine.

Issues

Whether a defendant convicted of 'Watson murder' is eligible for resentencing under Penal Code section 1172.6.
Whether a defendant is entitled to Wende review in an appeal from the denial of a post-conviction petition under Penal Code section 1172.6.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We have found nothing because appellant does not fall within the terms of the statute he is seeking to apply to his case. There was no application of the felony murder rule or the natural and probable consequences doctrine in his case.”

Filed 5/1/23 P. v. Ruiz CA4/3

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G061769

v. (Super. Ct. No. 08ZF0048)

DANNY CALVIN RUIZ, MODIFICATION OF OPINION; NO CHANGE IN JUDGMENT Defendant and Appellant.

It is hereby ordered that the opinion filed herein on April 20, 2023, be modified in the following particulars: 1. On page 4, last sentence of the first full paragraph, after the word “section” replace “972.6” with “1172.6.” This modification does not effect a change in judgment.

BEDSWORTH, ACTING P. J. WE CONCUR:

MOORE, J.

SANCHEZ, J.

Filed 4/20/23 P. v. Ruiz CA4/3 (unmodified opinion)

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

People v. Ruiz CA4/3

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

MOORE, J.

SANCHEZ, J.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

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DANNY CALVIN RUIZ, OPI NION

MOORE, J.

SANCHEZ, J.

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