People v. Cortez CA2/6

Filed 10/28/22 P. v. Cortez CA2/6 Opinion following transfer from Supreme Court

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B301016 (Super. Ct. No. 2004045000) Plaintiff and Respondent, (Ventura County)

v.

OPINION ON REMAND

JOE EZEQUIEL CORTEZ,

Defendant and Appellant.

Joe Ezequiel Cortez was convicted, by jury, of the first degree murder of Karl Wenrich. (Pen. Code, § 187, subdivision (a).)1 The jury found true the special circumstance allegations that the murder was committed during a burglary, during a robbery and for the benefit of a criminal street gang. It also convicted appellant of first degree burglary, attempted residential robbery, possession of a firearm by a felon,…