People v. Samayoa CA6

Filed 5/22/24 P. v. Samayoa CA6 Opinion following transfer from Supreme Court

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H047865

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. F1554476)

v.

JOSE LUIS SAMAYOA,

Defendant and Appellant.

Defendant Jose Luis Samayoa seeks resentencing under Penal Code section 654 as amended by Assembly Bill No. 518 and Penal Code section 1385 as amended by Senate Bill No. 81.1 In our prior unpublished opinion in this matter, we concluded Samayoa was not entitled to resentencing.2 After Samayoa petitioned for review, the California Supreme Court granted it and deferred the matter pending the finality of its opinion in People v. Salazar (2023) 15 Cal.5th 416…