P. v. Ortiz CA2/6
Appellant Sergio Ortiz was convicted of second degree murder in 1998. (Pen. Code, §§ 187, subd. (a), 189.) We affirmed the judgment of conviction in an unpublished opinion. (People v. Garcia et al. (July 23, 2001, B126854) (Garcia).) In 2019 appellant filed a petition to vacate his murder conviction and obtain resentencing pursuant to section 1170.95, which was added to the Penal Code by Senate Bill No. 1437 (S.B. 1437). (Stats. 2018, ch. 1015, § 4.) The trial court denied the petition because he had failed to make a prima facie showing that he could not be convicted of murder under current law.
In 2021 we affirmed the trial court’s order in an unpublished opinion. (People v. Ortiz (Mar. 17, 2021, B300776.) We concluded that appellant was not entitled to section 1170.95 relief because substantial evidence in the record of conviction shows that, under current law, he could be convicted of murder based on an implied malice theory.
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