People v. Chavez CA6

Filed 11/8/24 P. v. Chavez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H051088

(Monterey County Plaintiff and Respondent, Super. Ct. No. 17CR006462)

v.

JAIRO ISAIAH CHAVEZ,

Defendant and Appellant.

Defendant Jairo Isaiah Chavez appeals from an order denying his petition for resentencing under Penal Code section 1172.6.1 For the reasons explained here, we will reverse the order.

I. TRIAL COURT PROCEEDINGS

A. PLEA PROCEEDINGS

Defendant was charged in 2018 with assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)) and active participation in a criminal street gang (§ 186.22, subd. (a)) for his role in an attack on a fellow inmate at the Monterey County jail. The information…