People v. Mota-Avendano CA1/2

Filed 6/21/22 P. v. Mota-Avendano 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE,

Plaintiff and Respondent,

A162360

v. JOSE MOTA–AVENDANO, (Contra Costa County Super. Ct. No. 5-080903-8) Defendant and Appellant.

Defendant Jose Mota–Avendano (Mota1) was convicted of three first degree murders, conspiracy to commit murder, and assault with a deadly weapon. This court affirmed the judgment in 2013, and the California Supreme Court affirmed our judgment in 2015. (People v. Elizalde (Dec. 19, 2013, A132071) as modified on denial of rehg., review granted and opinion superseded and affd. by People v. Elizalde (2015) 61 Cal.4th 523, 527.) Effective January 1, 2019, Senate Bill No. 1437 (2017-2018 Reg. Sess.) “eliminated natural and…