P. v. Ramirez CA2/2
Walter Ramirez appeals the denial of his Penal Code section 1170.95 petition for resentencing following an evidentiary hearing. Appellant argues the evidence was insufficient to establish beyond a reasonable doubt that appellant was the actual killer or harbored express malice, and his murder conviction must therefore be vacated and the matter remanded for resentencing. We disagree and affirm the denial of the petition under section 1170.95.
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