People v. Rios CA2/2

Filed 6/21/23 P. v. Rios CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B324788

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA085730) v.

REYES RIOS, JR.,

Defendant and Appellant.

THE COURT:

Defendant and appellant Reyes Rios Jr. (defendant) appeals from the denial of his petition to be resentenced pursuant to the provisions of Penal Code section 1170.18.1 Defendant’s appointed counsel found no arguable issues and filed a brief requesting we follow the procedures set forth in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Following the

1 All further unattributed code sections are to the Penal Code unless otherwise stated.

standard articulated in Delgadillo, we considered defendant’s supplemental brief and conducted a limited review of the record. (See Delgadillo, at pp. 230–232.) Finding no merit to defendant’s appeal, we affirm the order.

BACKGROUND In 2012, a jury convicted defendant of three counts of attempted murder, and found the crimes were willful, deliberate, and premeditated (§§ 664/187, subd. (a)). The jury also found defendant guilty of one count of shooting at an inhabited dwelling (§ 246), one count of assault with a semiautomatic firearm (§ 245, subd. (b)), and one count of possession of a firearm by a felon (former § 12021, subd. (a)(1)). It was found as to each count that the offense was committed for the benefit of, at the direction of, and in association with a criminal street gang. Defendant was charged with having suffered a prior conviction of robbery in violation of section 211, a serious or violent crime within the meaning of section 1170.12, subdivisions (a) through (d) and section 667, subdivisions (b) through (i) (the Three Strikes law). After defendant waived a jury trial on the prior conviction the trial court found the allegation true. Defendant was sentenced to a total of three consecutive life terms plus 37 years and four months in state prison. On direct appeal the judgment was affirmed by this court in People v. Reyes, Jr. (Oct. 23, 2013, B239242) [nonpub. opn.]. On August 29, 2022, defendant filed a petition for reduction of his conviction of assault with a semiautomatic firearm to a misdemeanor and for resentencing. The trial court summarily denied the petition on September 6, 2022.