P. v. Reyes CA4/3
Defendant and a friend confronted an armed security guard. Defendant drew a gun and fired at the security guard. The security guard returned fire, ultimately killing defendant’s friend. Defendant was convicted of attempted murder of the security guard, murder of his friend, and active participation in a criminal street gang. The jury made special findings that the attempted murder was for the benefit of a criminal street gang and that defendant personally discharged a firearm. As relevant here, the two theories of murder the prosecution presented were natural and probable consequences and provocative act murder. The court sentenced him to 52 years to life in prison. We affirmed that conviction in a prior appeal. (People v. Reyes (Dec. 8, 2009, G040778) [nonpub. opn.])
This is an appeal from the denial of a Penal Code section 1170.95 petition for resentencing, which the court denied at the prima facie stage. There are two issues on appeal.
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