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P. v. Ochoa CA4/3
Mike Frank Ochoa appeals from the trial court’s denial of his petition for resentencing under Penal Code section 1170.95. Ochoa, Gerald Pleshe, and the woman with whom Pleshe was having an affair, Candace Lynn Restivo, were convicted in separate jury trials of murdering Pleshe’s wife, Paula Joy Pleshe, early on the morning of July 14, 1981. A jury found Ochoa guilty of first degree murder and found true the special circumstances allegations that he committed the murder for financial gain and by means of lying in wait. (People v. Ochoa (Nov. 29, 2006, G035059) [nonpub. opn.] (Ochoa).)

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