P. v. Meraz CA4/1
In 2012, a jury convicted Rafael Meraz of first degree murder (Pen. Code, § 187, subd. (a)). The jury found that Meraz personally used a firearm causing bodily injury or death (§ 12022.53, subd. (d) & (e)(1)). Meraz was sentenced to an indeterminate term of 50 years to life in prison.
Meraz appealed, and this court affirmed his conviction in an unpublished opinion, People v. Aguon et al., D064367 (Nov. 29, 2016).
In 2020, Meraz filed a petition for resentencing under section 1170.95. The trial court appointed counsel, received briefing, reviewed the record of conviction, including the court file and the prior opinion of this court. The court held a hearing and denied the petition by written order. The court found Meraz had not made a prima facie case for relief and found he was not eligible for resentencing under section 1170.95. The court denied the petition without issuing an order to show cause (OSC).
Meraz appeals contending the court erred in denying his petition without first
Comments on P. v. Meraz CA4/1