P. v. Mendez CA2/11
In 1990 Gabriel Mendez pleaded no contest to second degree murder pursuant to a negotiated plea agreement and was sentenced to an indeterminate state prison term of 15 years to life. In 2019 Mendez petitioned to vacate his murder conviction under Penal Code section 1170.95 on the basis he was convicted under the natural and probable consequences doctrine and could not now be found guilty of murder in light of changes in the law. The superior court summarily denied Mendez’s petition without first appointing counsel, finding the facts at trial showed Mendez had been convicted as a direct aider and abettor with the intent to kill and therefore he was ineligible for relief.
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