People v. Mariscal CA2/6

Filed 11/15/21 P. v. Mariscal CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Calif ornia Rules of Court, rule 8.1115(a), prohibits courts and parties f rom citing or relying on opinions not certif ied f or publication or ordered published, except as specif ied by rule 8.1115(b). This opinion has not been certif ied f or publication or ordered published f or purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B311259 (Super. Ct. No. 2010028681) Plaintiff and Respondent, (Ventura County)

v.

GERARDO GARCIA

MARISCAL,

Defendant and Appellant.

Gerardo Garcia Mariscal appeals from the trial court’s denial of his petition for resentencing (Pen. Code, § 1170.95).1 He contends there was insufficient evidence he acted with reckless indifference to human life. We affirm.

FACTUAL AND PROCEDURAL HISTORY

Murder of Uriel Bucio Uriel Bucio worked at a used car dealership. He was often accompanied there by his 10-year-old son, Uriel, Jr.

Subsequent statutory references are to the Penal Code. Mariscal…