P. v. Ortega CA2/7
Edward Ortega, convicted of first degree murder in 2011 along with his codefendant Dennis Flores, appeals the superior court’s denial of his petition for resentencing pursuant to Penal Code section 1170.95 after determining Ortega had failed to make a prima facie showing he was entitled to relief. Because Ortega’s jury was not instructed on either the felony-murder rule or the natural and probable consequences doctrine, the jury’s finding of premeditation necessarily means it concluded he had acted with express malice when committing the crime, making Ortega ineligible for resentencing under section 1170.95 as a matter of law. We affirm.
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