People v. Juarez CA2/6

Facts and Procedural History In 2015, appellant and a co-defendant, Jesus Rodriguez, shot and stabbed Benny Huerta. A jury convicted appellant of assault with a semiautomatic firearm (§ 245, subd. (b)), assault with a deadly weapon (§ 245, subd. (a)(1)), street terrorism (§ 188.22, subd. (a)), and resisting a peace officer. (§ 148, subd. (a)(1).) The trial court sentenced appellant to an aggregate term of 30 years in state prison, comprised of the upper term of 18 years for the assault with a semiautomatic firearm, a 5-year gang enhancement (§ 186.22, subd. (b)(1))2, a five-year prior serious felony conviction enhancement (§ 667, subd. (a)(1)), and two, one-year prior prison term enhancements. (§ 667.5, subdivision (b).) We affirmed the conviction in an unpublished opinion. (People v. Juarez (Oct. 19, 2016, B263348).)

2A second five-year gang enhancement was imposed and stayed.

2 In 2023, appellant was identified by the California Department of Corrections and Rehabilitation (CDCR) as an individual potentially eligible for resentencing in light of the prior prison term enhancements. (§ 1172.75, subd. (b).) Counsel was appointed for appellant. At a resentencing hearing, the trial…