P. v. Castro CA2/8
Thirty-seven years ago, appellant Carlos Castro was charged along with three other men in the robbery-murder of Arturo Hernandez-Guerrero. In 1983, he pled guilty to second degree murder. In 2019, he filed a petition to vacate that conviction pursuant to Penal Code section 1170.95. The trial court found appellant made a prima facie case that he was entitled to relief, issued an order to show cause, and then, following a hearing which the court limited solely to argument by the prosecutor and defense counsel, denied the petition. The trial court found the “record of conviction” established appellant was a major participant in the robbery of the victim and knowingly engaged in criminal activities which he knew carried a great risk of death.
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