P. v. Navarro CA5
In 2013, defendant Alfredo Navarro was convicted of first degree murder (Pen. Code, § 187, subd. (a)). The jury found true the allegation that the murder was committed while he was engaged in or was an accomplice in the commission of a kidnapping (§ 190.2, subd. (a)(17)). Defendant was sentenced to life without the possibility of parole. In 2019, he filed a petition for resentencing pursuant to section 1170.95, which was denied. On appeal, defendant contends: (1) “the trial court erroneously relied upon the special circumstance finding of kidnapping with intent to kill in determining that [he] did not satisfy the prima facie case for section 1170.95 resentencing”; and (2) he “is entitled to a new hearing because he was not present at the hearing on his petition.” (Boldface & capitalization omitted.) We reject these claims and affirm the denial.
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