P. v. Figueroa CA4/1
In 2009, a jury convicted Franklin Figueroa of second degree murder (Pen. Code, § 187, subd. (a)) with a gang enhancement (§ 186.22, subd. (b)(1)). Two serious felony prior convictions were also found true. Figueroa was sentenced to prison for 15 years to life, plus 10 years for the serious felony priors.
Figueroa appealed and this Court affirmed the conviction in an unpublished opinion, People v. Figueroa, D055559 (Nov. 19, 2010).
In 2021, Figueroa filed a petition for resentencing under section 1170.95. The court appointed counsel, received briefing, reviewed the record of conviction, and held a hearing. The court denied the petition by written order. The court found from the review of the record that the trial jury was not instructed on natural and probable consequences of felony murder. Thus, the court found Figueroa was not eligible for resentencing under section 1170.95 as a matter of law.
Figueroa filed a timely notice of appeal.
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