People v. Reyes CA5

INTRODUCTION

Petitioner Jesus Manuel Reyes petitioned the superior court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on his conviction for attempted murder (§§ 187, subd. (a), 664). The court denied the petition following an evidentiary hearing at which the court found, beyond a reasonable doubt, that petitioner acted with intent to kill. On appeal, petitioner contends substantial evidence does not support the court’s finding that he acted with intent to kill. We reject this argument and affirm the trial court’s denial of petitioner’s section 1172.6 petition.

FACTUAL BACKGROUND

The following facts are taken from the evidence at petitioner’s trial, of which the court took judicial notice in relation to the section 1172.6 proceedings.

1 Undesignated statutory references are to the Penal Code. Former section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) We refer to the current section 1172.6 in this opinion. 2 The parties stipulated that the court could review exhibit 2A from petitioner’s trial. The People asked the court to take judicial notice of the transcripts from the trial. The court…