Jimenez

Filed 7/22/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081951

Plaintiff and Respondent,

v. (Super. Ct. No. CR117399)

AQUILES G. JIMENEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Yvonne E. Campos, Judge. Reversed and remanded. Aurora E. Bewicke, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Christopher P. Beesley and Michael D. Butera, Deputy Attorneys General, for Plaintiff and Respondent. Aquiles Jimenez appeals from an order denying his second petition for

resentencing under Penal Code 1 section 1170.95 (now § 1172.6). 2 When Jimenez filed his first petition, the trial court held an evidentiary hearing and denied relief based on its own independent finding that he was guilty of second degree murder as a direct aider and abettor on an implied malice theory. We affirmed the court’s denial of Jimenez’s first petition solely on sufficiency…