People v. Ruiz CA1/3

Filed 10/20/21 P. v. Ruiz CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, A160580 v. (San Mateo County JUAN CARLOS RUIZ, Super. Ct. No. SC046239C)

Defendant and Appellant.

MEMORANDUM OPINION1

In 2001, a jury convicted Juan Ruiz of first degree murder, committed for the benefit of a street gang. (Pen. Code, § 187, subd. (a)2; § 186.22, subd. (b)(1).) The jury found not true the allegations that Ruiz committed the murder by torture (§ 190.2, subd. (a)(18)), and that he personally used a screwdriver (§ 12022, subd. (b)(1)). It was unable to agree on whether Ruiz personally used a knife. (§ 12022, subd.…