People v. Quiroz CA4/2

STATEMENT OF THE CASE

On October 16, 2020, this court issued an unpublished opinion in defendant’s

underlying appeal in People v. Quiroz (Oct. 16, 2020, E069820) [nonpub. opn.]

(Quiroz1). In Quiroz1, we reversed two attempted murder counts pursuant to the

Supreme Court’s intervening decision in People v. Canizales (2019) 7 Cal.5th 591, on the

kill zone theory, and one of the conspiracy counts. We remanded the case to the trial

court for resentencing.

On June 11, 2021, the trial court resentenced defendant to 25 years to life, plus

four years in state prison.

On July 19, 2021, defendant filed a notice of appeal regarding his sentence. 2

DISCUSSION

Defendant’s sole contention on appeal is that the enactment of AB 518 requires

this case to be remanded to the trial court so the court can exercise its discretion under

1 All further statutory references are to the Penal Code unless otherwise specified.

2 The underlying facts regarding defendant’s convictions are set forth in our unpublished opinion in Quiroz, supra, E069820. Because the facts are not relevant to this appeal, we will not include them with this opinion.

2 newly-amended section 654. The People agree that…