P. v. Hernandez CA4/2
Defendant, Michael Hernandez, was convicted by a jury in 1998 of first-degree murder (Pen. Code, § 187, subd. (a)) ,attempted premeditated murder (§§ 664, 187, subd. (a)), and two counts of first-degree robbery in concert (§§ 211, 213) during which a principal was armed (§ 12022, subd. (a)(1)) and defendant personally used a weapon (§ 12022.5, subd. (a)). Defendant was sentenced to a total determinate term of 16 years, plus indeterminate terms of 25 years to life with the possibility of parole for murder and life with the possibility of parole for attempted murder. Following the enactment of Senate Bill No. 1437, defendant filed a petition for resentencing, which was summarily denied, and he appealed, contending the trial court erred in denying his section 1170.95 petition because he had made a prima facie showing of his eligibility for relief.
We affirmed the trial court’s judgment, and defendant petitioned the California Supreme Court for review.
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