EBANIZ

In the published portion of this opinion, we hold that Tyrone Ebaniz has presented newly discovered evidence that points unerringly to actual innocence, and so is entitled to a reversal of his previously affirmed convictions and a new trial thereon. In the unpublished portion, we hold that when a judgment in a criminal case is affirmed as to some counts, but is remanded for resentencing or, at the district attorney's election, retrial on one or more reversed counts, the defendant is not subsequently entitled to move for a new trial on the counts as to which the convictions were affirmed. [1]

On January 24, 2001, 17-year-old Eric Jones was lured to the garage of Juan Soto's residence in Delano. There, he was beaten, sodomized with a wooden squeegee handle, and shocked with electricity. He was then placed inside the trunk of a car and driven to a rural area in Tulare County, where he was shot multiple times and killed. His bound, nude body was dumped alongside the road. Investigation focused on a group of Jones's acquaintances, who, like Jones, lived in or near Delano: Gerardo Zavala, Keith Seriales, and Jorge Vidal, all of whom were in their late 20's or 30's;…