P. v. Rosales CA6
In 2005, a jury convicted defendant Alex Jesse Rosales of felony murder and found true a felony-murder special circumstance allegation. Rosales now appeals from the denial of his Penal Code section 1170.95 petition for failure to make a prima facie showing of entitlement to relief. On appeal, Rosales’s appointed counsel initially filed a brief that raised no issues pursuant to People v. Wende (1979) 25 Cal.3d 436, and Rosales filed a supplemental brief on his own behalf. We requested supplemental briefing as to the issues Rosales raised, namely: whether the trial court erred in concluding that the jury’s felony-murder special circumstance finding precluded Rosales from making a prima facie showing of eligibility for relief and whether the trial court committed prejudicial error by failing to appoint counsel or obtain briefing before denying the petition. We shall reverse and remand with directions.
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