People v. Rojas CA2/3

BACKGROUND

I. Evidence from the underlying criminal trial

Rojas and Nicholas Munoz were jointly tried on two counts of attempted murder and one count of shooting at an occupied vehicle, and Rojas was alone charged with gross vehicular manslaughter. Based on our review of the trial transcripts, we

1 All further undesignated statutory references are to the Penal Code.

Effective June 30, 2022, section 1170.95 was renumbered to section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.)

2 find the opinion affirming in part Munoz’s judgment of conviction on direct appeal (People v. Munoz (Sept. 6, 2019, B283921) [par. pub. opn.]) to be an accurate summary of evidence admitted at Munoz’s and Rojas’s trial. We therefore quote its recitation of the background. (See generally § 1172.6, subd. (d)(3) [at evidentiary hearing, court may consider procedural history recited in prior appellate opinion]; People v. Lewis (2021) 11 Cal.5th 952, 972 [appellate opinion generally part of record of conviction in § 1172.6 proceedings].) We have taken judicial notice of the clerk’s and reporter’s transcripts from that case. (Evid. Code, § 452, subd. (d).) “1. Facts “Munoz was a member of…