P. v. Garcia CA3
A jury found defendant Elias Garcia guilty of murder and found true a special circumstance enhancement that the murder occurred during the commission of an attempted robbery. Defendant filed a petition for resentencing under Penal Code section 1170.95 alleging he was not the actual killer, did not have the intent to kill, and was not a major participant who acted with reckless indifference to human life. The trial court denied the petition, in part, because of the special circumstance finding. On appeal, defendant contends he can challenge the special circumstance finding through a section 1170.95 petition. We affirm, concluding the special circumstance finding renders defendant ineligible for relief as a matter of law.
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