People v. Flores CA4/2

INTRODUCTION

Defendant Jon Flores appeals the trial court’s denial of his postjudgment petition

for resentencing under Penal Code1 section 1172.6 at the prima facie stage. Counsel

originally filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216, 360. However,

we asked for supplemental briefing for clarification on a few issues. Defendant has now

filed a supplemental opening brief arguing the record of conviction does not establish that

he could be convicted of murder under the revisions made in section 1172.6. We affirm.

PROCEDURAL BACKGROUND

In 2015, a jury convicted defendant of first degree murder (§ 187, subd. (a), count

1), carjacking (§ 215, subd. (a), count 2), active gang participation (§ 186.22, subd. (a),

count 3), and assault with a firearm (§ 245, subd. (a), count 4). As to the murder and

carjacking, the jury found that defendant personally and intentionally discharged a

firearm causing death to the victim. (§ 12022.53, subd. (d).) As to the murder,

carjacking, and assault, the jury found that a principal personally used a firearm

(§ 12022.53, subd. (b)), and the crimes were committed for the benefit of a criminal street

gang (§ 186.22, subd.…