Duenas

Filed 5/27/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B335274

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA347638) v.

ROBERT DUENAS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Ray G. Jurado, Judge. Reversed and remanded with directions. Courtney Reed, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan S. Pithey, Assistant Attorney General, Scott A. Taryle and David A. Voet, Deputy Attorneys General, for Plaintiff and Respondent.

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In 2011, a jury convicted Robert Duenas of assault with a semiautomatic firearm, and it found true gang, firearm, and great bodily injury enhancements. The trial court sentenced Duenas to 23 years in prison, including four years for the firearm enhancement and three years for the great bodily injury enhancement. We affirmed Duenas’s conviction on direct appeal, and in January 2013, the California Supreme Court denied Duenas’s petition for…