P. v. Rosales CA2/2
In 1997, defendant and appellant Manuel Rosales, Jr., was convicted by a jury of first degree murder (Pen. Code, § 187, subd. (a)) and five counts of attempted murder (§§ 664/187, subd. (a)). The jury also found true the allegation that defendant personally used a firearm (§ 12022.5, subd. (a)). He was sentenced to life in state prison for a term of 54 years 8 months to life.
Defendant timely appealed his conviction, and on April 1, 1999, we modified the judgment to reflect a restitution fine of $5,000 and otherwise affirmed. (People v. Rodriguez (Apr. 1, 1999, B115165 [nonpub. opn.], at p. 24.) In 2019, defendant filed a petition for resentencing pursuant to section 1170.95. Over the People’s opposition, the trial court found that defendant had established a prima facie case for relief, issued an order to show cause, and held an evidentiary hearing pursuant to section 1170.95, subdivision (d).
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