People v. Ruiz CA2/1

Filed 6/28/24 P. v. Ruiz CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B332630

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA052592) v.

LAURO DAVID RUIZ,

Defendant and Appellant.

Appeal from an order of the Superior Court of Los Angeles County, Daniel B. Feldstern, Judge. Affirmed. Deborah L. Hawkins, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Jonathan Kline and Kristen J. Inberg, Deputy Attorneys General, for Plaintiff and Respondent.

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In 2006, a jury convicted Lauro David Ruiz (Ruiz) of attempted murder after he attacked E.C. with a meat cleaver. The trial court sentenced Ruiz to life in prison with the possibility of parole, plus six years. Ruiz now asks us to reverse the trial court’s order summarily denying his petition filed pursuant to Penal Code section 1172.6 (formerly section 1170.95).1 That section permits inter alia a person convicted of “attempted murder under the natural and probable consequences doctrine” to challenge the conviction and seek resentencing. (§ 1172.6, subd. (a).) We conclude, however, that the record of conviction here establishes that the jury did not convict Ruiz pursuant to the natural and probable consequences doctrine. To the contrary, the jury found that Ruiz personally attacked E.C. with the intent to kill. We therefore affirm.