P. v. Barragan CA3
Defendant Victor Barragan was convicted of murder and several other offenses based on his participation in an attempted home invasion robbery. He petitioned the trial court for resentencing under Penal Code section 1170.95 based on changes made to the felony-murder rule by Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437). The trial court denied defendant’s petition, finding the record established defendant was ineligible for resentencing because the jury found true two special circumstance enhancement allegations. On appeal, defendant argues the trial court erred in summarily denying his petition. We disagree and affirm.
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