People v. Quijada CA2/5

I. INTRODUCTION

Defendant Richard Quijada appeals from an order denying his petition for resentencing pursuant to Penal Code section 1172.6.1 We affirm.

II. BACKGROUND

A. Prior Proceedings

1. First Preliminary Hearing

In January 1992, the Los Angeles County District Attorney’s Office (the District Attorney) filed an information in case number KA010081, charging, as relevant for purposes of this appeal, defendant, Benito Gonzalez (Benito), Everett Gonzalez (Everett), and Arturo Ruedas (Ruedas), with the murder of Juan Lopez (§ 187, subd. (a)), assault with a deadly weapon of Luiz Figueroa (§ 245, subd. (a)(1)), second degree robbery (§ 211), and attempted second degree robbery (§§ 664, 211). The information also alleged as a special circumstance that the murder was committed while the defendants were engaged in a robbery. (§ 190.2, subd. (a)(17).) Following the presentation of evidence at a preliminary hearing, defendants moved to set aside the information pursuant

Further statutory references are to the Penal Code unless otherwise indicated. The Legislature renumbered section 1170.95 as section 1172.6 effective June 30, 2022. (Stats. 2022, ch. 58, § 10.)…