People v. Juarez CA2/5

Filed 5/14/24 P. v. Juarez CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B329445

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA112098) v.

HENRY DOMINGUEZ JUAREZ,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, Lisa S. Coen, Judge. Affirmed as modified. Christine M. Aros, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Defendant Henry Dominguez Juarez appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1172.6 (former 1170.95).1 Defendant’s appointed counsel found no arguable issues and filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and defendant then filed a letter brief. Finding none of his arguments meritorious, we affirm. We modify the abstract of judgment to show that defendant was convicted of murder in the second degree. In 2009, Javier Gonzalez and his girlfriend drove to pick up a large amount of methamphetamine that Gonzalez and defendant intended to sell.2 Gonzalez was a gang member. After picking up the drugs, he and his girlfriend were driving to her house when they saw several men standing around in a territory claimed by a rival gang. Gonzalez called defendant and asked him if he “wanted to play.” Gonzalez and his girlfriend picked defendant up from his house, and the three drove to where the group of men remained standing around. Gonzalez told his girlfriend he was going to “bang on those fools,” and he and defendant got out of the car and sprinted to the corner. A shootout ensued. No one in the group of men standing on the corner was injured, but Gonzalez was hit by a bullet. He and defendant returned to the car driven by Gonzalez’s girlfriend, where Gonzalez said to defendant, “You fucking shot me, dick.” Defendant responded, “No, no, no. They shot back.” The girlfriend took Gonzalez to the hospital, where he later died.