People v. Giraldes CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background6 1. Chavez Auto Body Drug Operation Victims Alexander Fry and Peter Jouron were employees of Guillermo Chavez (hereafter Chavez), the leader of a drug ring selling high grade cocaine. Chavez’s older

4 On our own motion, we take judicial notice of the opinion in Case No. H011038, as well as the opinion in Giraldes’s prior appeal from his first petition for resentencing in the same underlying trial court case, People v. Giraldes (Aug. 21, 2021, H047471) [nonpub. opn.] (Giraldes.). (Evid. Code, § 452, subd. (d)(1).) 5 After Giraldes filed his petition, section 1170.95 was amended and renumbered as section 1172.6. (Stats. 2022, ch. 58, § 10, eff. June 30, 2022; see also Stats. 2021, ch. 551, § 2, eff. Jan. 1, 2022.) For ease of reference, we will refer to this statute by its current designation, section 1172.6. 6 While the parties disputed what portions of the trial transcript were to be admitted at the evidentiary hearing, the trial court ultimately ruled that it would consider the entire trial transcript with certain limited exclusions of testimony that had since been called into question. Based on our review of the…