P. v. Nguyen CA4/3
In 2005, defendant An Quoc Nguyen was convicted of first degree murder, attempted murder, and two counts of conspiracy to commit murder. Defendant’s judgment of conviction was affirmed in People v. Nguyen (Mar. 12, 2007, G035886) [nonpub. opn.] (Nguyen I). In 2019, defendant petitioned, under the then newly enacted Penal Code section 1170.95, for an order vacating his murder conviction and for resentencing (the petition). He also filed a motion for a Franklin proceeding (the Franklin motion). After an attorney was appointed for defendant, the trial court summarily denied the petition. Our record does not show that the trial court ruled on the Franklin motion.
We affirm the trial court’s order summarily denying the petition because defendant failed to make a prima facie showing of his entitlement to relief. Defendant was found guilty of directly aiding and abetting the commission of first degree murder with an intent to kill.
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