Filed 5/4/22 P. v. Rayos CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 

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has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE,

Plaintiff and Respondent,

v.

DIANA RAYOS,

Defendant and Appellant.

B314301

(Los Angeles County

Super. Ct. No. TA108801-03)

APPEAL from an order of the Superior Court of Los 

Angeles County, Kelvin D. Filer, Judge. Affirmed.

John Steinberg, under appointment by the Court of Appeal, 

for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_________________________
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We review this appeal pursuant to People v. Wende (1979) 

25 Cal.3d 436.

On March 10, 2010, a jury convicted appellant of first 

degree murder with a true finding of a criminal street gang 

enhancement. The evidence adduced at trial was that appellant, 

among others, stood on the street watching a fight between 

enemy gang members, one of whom was appellant’s boyfriend, 

Cesar Otero. Cesar’s little brother, Julio Otero, ran towards the 

scene of the fight, where he paused briefly. Appellant handed an 

object to Julio who then rushed forward and began fighting with 

a rival gang member, whom he struck on the temple. Blood 

gushed from the victim’s head; he fell to the ground and later 

died from a stab wound, which penetrated his brain. The wound 

was inflicted with a sharp object, such as a screwdriver or icepick. One witness testified he saw Julio get a “pointy thing” from 

appellant before he started fighting the victim. The object was 

metal and had a point.

The trial court sentenced appellant to an indeterminate 

term of 25 years to life for first degree murder. On appeal we 

affirmed the judgment. (People v. Julio Otero et al. (July 12, 

2012, B225496) [nonpub. opn.].)

On May 22, 2018, pursuant to People v. Chiu (2014) 

59 Cal.4th 155, appellant’s sentence was vacated and she was 

resentenced to an indeterminate term of 15 years to life for 

second degree murder.

On January 4, 2019, appellant filed a petition for 

resentencing pursuant to Penal Code section 1170.95. The trial 

court appointed counsel to represent appellant, found she had 

presented a prima facie case of eligibility for relief, and held an 

evidentiary hearing on the petition. The court “read and 
3

considered all motion and court documents related” to the case. 

The parties presented no additional testimonial or documentary 

evidence at the hearing. Appellant argued she could no longer be 

convicted of murder because the natural and probable 

consequences doctrine had been abrogated. The trial court 

denied the petition, finding beyond a reasonable doubt that by 

handing the sharp object to Julio Otero during the fight, 

appellant directly aided and abetted the murder with intent to 

kill.

On October 27, 2021, we appointed counsel to represent 

appellant on appeal. On December 20, 2021, counsel filed an 

opening brief raising no issues and asking this court to review 

the record independently as required by People v. Wende. 

Counsel also declared under penalty of perjury that he had 

written to appellant to explain his evaluation of the record and 

his intention to file a Wende brief. He informed appellant of her 

right to file a supplemental brief and sent her copies of the 

transcripts of the record on appeal and the brief.

On December 20, 2021, we advised appellant she had 

30 days within which to personally submit contentions or issues 

she wants us to consider. No supplemental brief has been filed.

We have examined the record and are satisfied appellant’s

counsel fully complied with his responsibilities and no arguable 

issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 109–110; 

People v. Wende, supra, 25 Cal.3d at p. 441.)
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DISPOSITION

The appeal is dismissed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

STRATTON, J.

We concur:

GRIMES, Acting P. J. 

HARUTUNIAN, J.*

* Judge of the San Diego Superior Court, assigned by the 

Chief Justice pursuant to article VI, section 6 of the California 

Constitution.