Nino

Filed 6/4/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B333606

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA001960) v.

JESUS IZAGUIRRE NINO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Hector M. Guzman, Judge. Reversed with directions. Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill, Supervising Deputy Attorney General, and Nima Razfar, Deputy Attorney General, for Plaintiff and Respondent. _________________ In 1991 Jesus Izaguirre Nino pleaded guilty to the second degree murder of Fernando Avalos (Fernando) and admitted to personally using a firearm in the commission of the murder. Nino petitioned for resentencing under Penal Code section 1172.6,1 but the superior court denied the petition at the prima facie review stage on the basis the preliminary hearing showed Nino was the actual killer. While this…