P. v. Vazquez CA2/6
In 1999, appellant Jose Alberto Alcantar Vazquez was convicted of first-degree murder (Pen. Code, §§ 187, subd. (a), 189) and other crimes. The jury also found true special circumstance allegations that the murder occurred during the commission of an attempted kidnapping and burglary (§ 190.2, subds. (a)(17)(B) & (G)). In 2019, appellant filed a petition for resentencing under section 1170.95. In denying the petition following an evidentiary hearing, the trial court found appellant was ineligible for relief under section 1170.95 because the evidence, when viewed in light of the factors set forth in People v. Banks (2015) 61 Cal.4th 788 (Banks) and People v. Clark (2016) 63 Cal.4th 522 (Clark), was sufficient to support the jury’s true findings on the felony-murder special circumstance allegations, i.e., that appellant was a major participant in the burglary and attempted kidnapping and acted with reckless indifference to human life.
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