People v. Mariscal CA2/6

Filed 1/4/22 P. v. Mariscal CA2/6 Opinion following rehearing

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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. OPINION FOLLOWING

REHEARING

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

1 Subsequent undesignated statutory references are to the Penal Code.…