People v. Reyes CA5

INTRODUCTION

Appellant and defendant Oscar Garcia Reyes pleaded guilty to second degree murder in 2016 and was sentenced to 15 years to life. In 2019, appellant filed a petition for resentencing pursuant to Penal Code 1 section 1170.95 and alleged his murder conviction was based on the felony-murder rule and/or the natural and probable consequences doctrine, and he was entitled to relief because he was not the actual killer. The court denied the petition. On appeal, his appellate counsel has filed a brief, which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) We affirm.

PROCEDURAL BACKGROUND

On May 26, 2016, a complaint was filed in the Superior Court of Madera County, case No. MCR053957, charging appellant and codefendant Kevin Rendon with count 1, the murder of Fabian Hernandez, on or about June 18, 2015 (§ 187), with the special circumstance that they intentionally killed the victim while they were active participants in a criminal street gang, and the murder was carried out to further the gang’s activities (§ 190.2, subd. (a)(22)); with firearm enhancements…