P. v. Santana CA2/6
In 2002, Andres Santana was convicted of two counts of murder (Pen. Code, § 187, subd. (a)) and two counts of robbery (§ 211). The jury found true the special circumstance allegations that Santana committed the murders while engaged in a robbery (§ 190.2, subds. (a)(17)(A), (d)), for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)), which resulted in multiple murders (§ 190.2, subd. (a)(3)). The trial court sentenced Santana to life without the possibility of parole plus 10 years for the gang enhancement. (People v. Santana (Apr. 11, 2005, B167415) [nonpub. opn.].)
In 2019, Santana filed a petition to vacate his murder convictions 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 without appointing counsel.
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