P. v. Martinez CA3
murder, robbery, and burglary and found true robbery-murder and burglary-murder special circumstances. On appeal, this court affirmed defendant’s murder conviction but vacated the robbery and burglary convictions because the charges were untimely brought. In January 2019, defendant 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 at the prima facie stage, finding the record established defendant was ineligible for resentencing on multiple grounds. On appeal, defendant argues the trial court erred in summarily denying her petition. We disagree and affirm.
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