People v. Reyes CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND

Defendant and a cohort approached the victim at a restaurant. Defendant’s cohort

asked the victim for a cigarette; the victim gave him one and they conversed briefly.

Defendant’s cohort left; defendant pulled out a gun and told the victim to hand over his

watch. The victim complied; defendant demanded his wallet. As the victim was

reaching for his wallet, defendant shot him in the chest. Defendant tried to fire a few

Effective June 30, 2022, Assembly Bill No. 200 (2021-2022 Reg. Sess.) amended and renumbered Penal Code section 1170.95 as section 1172.6. (Stats. 2022, ch. 58, § 10.) All further statutory references are to the Penal Code unless otherwise indicated.

On the court’s own motion, we take judicial notice of our prior unpublished opinion in defendant’s appeal from the original judgment. (People v. Reyes (May 12, 2011, E051019) [nonpub. opn.] (Reyes); Evid. Code, §§ 452, subd. (d), 459; Cal. Rules of Court, rule 8.1115(b).)

2 more times but the gun misfired. Defendant fled outside, where his cohort picked him

up. They were captured the same night. Defendant had the victim’s watch in his pocket

when he was arrested. The…