P. v. Flores-Ventura CA5
In 2013, appellant Jose Antonio Flores-Ventura was convicted by jury of first degree murder (Pen. Code, § 187, subd. (a)) and attempted first degree murder (§§ 664, 187, subd. (a)). In addition, the jury found true a special circumstance alleging the murder was committed during the commission of a robbery. (§ 190.2, subd. (a)(17).) He was sentenced to a prison term of life without the possibility of parole plus a term of life with the possibility of parole.
In 2019, following the enactment of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill No. 1437), Flores-Ventura filed a section 1170.95 petition for resentencing seeking to vacate his murder conviction. Following the appointment of counsel, submission of briefs by the parties, and a contested hearing, the court denied Flores-Ventura’s petition. On appeal, Flores-Ventura contends the trial court erred in denying his petition, and that the error is reversible. We affirm.
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