People v. Valle CA5

INTRODUCTION

In 2013, a jury convicted defendant Hector Ruben Valle of second degree murder of Cipriano Maldonado (Pen. Code, § 187; count 1), assault with a deadly weapon of A.Z. (§ 245, subd. (a)(1); count 2), and participation in a criminal street gang (§ 186.22, subd. (a); count 3) and found true gang enhancements alleged as to counts 1 and 2 (§ 186.22, subd. (b)(1)) based on his participation in a gang fight during which Maldonado was stabbed and killed. (Undesignated statutory references are to the Penal Code.) The jury could not reach a verdict on the allegation defendant personally used a knife during the commission of the murder or on the allegation that he personally inflicted great bodily injury upon A.Z., and the court dismissed those allegations. Codefendant Saul Gonzalez was acquitted on all three counts. In 2019, defendant filed a petition for resentencing in light of the passage of Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437). The court denied the petition without issuing an order to show cause. Defendant previously appealed, challenging the denial of his petition on the grounds the record of conviction did not establish he was ineligible for…