People v. Reynoso CA5

INTRODUCTION

In 1999, appellant Julian Jesus Reynoso and his codefendant and brother, John Paul Reynoso, were convicted by jury of the first degree murder of Mario Martinez (Pen. Code,1 § 187), among other offenses and enhancements.2 In 2010, after extensive postconviction proceedings, the defendants’ convictions were reversed following the Ninth Circuit Court of Appeals’ consideration of their consolidated petition for writ of habeas corpus. (See Reynoso v. Hall (9th Cir. 2010) 395 Fed.Appx. 344.) The federal court found that the prosecutor had violated the defendants’ rights under Batson v. Kentucky (1986) 476 U.S. 79 (Batson) during jury selection.3 On October 1, 2012, Julian pleaded no contest to voluntary manslaughter (§ 192, count 1) and assault with a deadly weapon (§ 245, subd. (a)(2), count 2). In addition, he admitted that both crimes were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). With respect to count 1, Julian further admitted that a principal was armed with a firearm (§ 12022, subd. (a)(1)), and as to count 2, that he had personally used a firearm in the commission of the offense (§ 12022.5, subd. (a)(1)).4 In accordance with a…