P. v. Ortega CA2/7
Jose Luis Ortega appeals from a postjudgment order denying his petition for resentencing under Penal Code section 1170.95 as to his 1996 conviction of felony murder. We agree with Ortega the superior court erred in finding Ortega was ineligible for relief without issuing an order to show case and holding an evidentiary hearing to determine Ortega’s eligibility for relief. In denying the petition, the court relied on the jury finding true the special circumstance that Ortega committed the murder in the commission of a robbery and carjacking, even though Ortega was convicted almost two decades prior to the Supreme Court’s holdings in People v. Banks (2015) 61 Cal.4th 788 (Banks) and People v. Clark (2016) 63 Cal.4th 522 (Clark), which clarified the factors a jury should consider in finding a defendant was a major participant who acted in reckless disregard for life. The superior court also erred in engaging in premature factfinding in finding as an alternative basis for its denial of
Comments on P. v. Ortega CA2/7