Murillo

Filed 10/25/21; certified for publication 11/23/21 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G059845

v. (Super. Ct. No. 16WF1816)

JAVIER JUAN MURILLO, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Gary S. Paer, Judge. Reversed and remanded with directions. Martin F. Schwarz, Interim Public Defender, and Jamie Kim, Deputy Public Defender, for Defendant and Appellant. Todd Spitzer, District Attorney, and Holly M. Woesner, Deputy District Attorney, for Plaintiff and Respondent. Appellant Javier Juan Murillo was convicted by jury of forcibly resisting an executive officer in the performance of his duties, as well as delaying a peace officer in the performance of his duties and possessing drug paraphernalia. After he served his prison sentence, he moved to vacate his resisting conviction based on newly discovered 1 evidence, pursuant to Penal Code section 1473.6. That section…