P. v. Rubio CA5
In 1990, a jury convicted petitioner Jose Luis Rubio of the first degree murder of Jose Morales Araiza (Pen. Code, § 187, subd. (a)), with a special circumstance that the murder was committed during the commission or attempted commission of a robbery (§ 190.2, subd. (a)(17)), and an enhancement for personal use of a deadly and dangerous weapon, to wit, a tire iron (§ 12022, subd. (b)). The trial court sentenced petitioner to a term of life without the possibility of parole, plus one year.
In 2019, petitioner filed a petition for resentencing pursuant to section 1170.95. The court summarily denied the petition on the ground petitioner was the actual killer and a major participant in the underlying felony who acted with reckless indifference to human life, disqualifying factors pursuant to section 1170.95, subdivision (a)(3).
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