P. v. Hearn CA5
In 1999, a jury convicted petitioner Christopher James Hearn of the first degree murder of I.T. (Pen. Code, §§ 187, subd. (a), 189, count 1) with the special circumstance petitioner committed the murder while engaged in the commission or attempted commission of robbery (§ 190.2, subd. (a)(17)(A)). For this offense, the trial court sentenced petitioner to a term of life without the possibility of parole. (People v. Hearn (Feb. 4, 2002, F034832) [as modified Feb. 27, 2002] [opn. ordered nonpub. May 1, 2002, S105347] (Hearn).)
In 2019, petitioner filed a petition for resentencing pursuant to section 1170.95. The trial court initially found petitioner made a prima facie showing pursuant to section 1170.95 and issued an order to show cause. However, after a motion for reconsideration, the trial court denied the petition on the ground the special circumstance finding made petitioner ineligible for resentencing as a matter of law.
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