People v. Perez CA2/8

BACKGROUND

In 2020, a jury found appellant Jimmy A. Perez guilty of willful, deliberate and premeditated attempted murder and possession of a firearm by a felon. (§§ 664/187, subd. (a); 29800, subd. (a)(1).) The jury also found the attempted murder was committed for the benefit of a gang (§ 186.22, subd. (b)(1)) and a principal personally discharged a firearm causing great bodily injury. (§12022.53, subds. (d) and (e)(1).) The trial court sentenced Perez to 39 years to life plus four years in state prison. On December 22, 2022, Perez filed a petition for resentencing pursuant to section 1172.6. The People filed a response, attaching as exhibits our opinion affirming Perez’s convictions, the jury instructions, and the verdict forms. Perez filed a responsive pleading. On April 20, 2023, the trial court held a prima facie hearing and denied the petition. The trial court found Perez was not “convicted on a theory that is no longer valid. Natural and probable consequences was not an instruction given to the jury. There was no felony murder instruction given to the jury.” This appeal followed. For context only, we recite the facts of the offenses from our prior opinion. (People v.…