P. v. Dominguez CA4/1
In March 1990, a jury convicted Marty Dominguez of second degree murder (Pen. Code, § 187) and found true an allegation that Dominguez was armed with a deadly weapon during the commission of the offense (§ 12022, subd. (a)). The court sentenced Dominguez to prison for 21 years to life.
Dominguez appealed, and we affirmed the judgment in an unpublished opinion, People v. Dominguez, December 16, 1991, D012153 (Dominguez I).
In January 2019, Dominguez filed a petition for resentencing under section 1170.95, which permits a defendant convicted of murder under a felony-murder theory or the natural and probable consequences doctrine to petition for the conviction to be vacated and resentenced. (§ 1170.95, subd. (a).) The superior court found that Dominguez did not make a prima facie showing that he was entitled to relief and denied the petition.
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