P. v. Wilson CA1/2
Alphonso Ray Wilson, Jr., appeals the denial of his petition for resentencing under Penal Code section 1170.95. The trial court denied his petition at the prima facie stage on two grounds: (1) Wilson was ineligible for resentencing as a matter of law because his 2010 murder convictions included felony-murder special circumstance findings and (2) on the merits, Wilson failed to make the prima facie showing that would entitle him to an evidentiary hearing.
On appeal, Wilson contends he established a prima facie case for relief as a matter of law and the trial court erred by engaging in factfinding at the prima facie stage. We conclude, however, that it was appropriate for the trial court, at the prima facie stage, to review the record of conviction to determine whether Wilson’s felony-murder special circumstance findings were supported by substantial evidence. We further conclude sufficient evidence supports the felony-murder special circumstance findings in this case.
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