P. v. Romero CA5
In 2007, petitioner Eved Vireles Romero pled no contest to the first degree murder of Martin Leon (Pen. Code, § 187, subd. (a)) and admitted the allegation that he acted intentionally, deliberately, and with premeditation in the commission of the offense. He was sentenced to a term of 25 years to life.
In 2019, petitioner filed a petition for resentencing pursuant to section 1170.95. The trial court denied the petition on the ground petitioner is ineligible for resentencing because he was not convicted of felony murder or murder under a natural and probable consequences theory.
On appeal, petitioner contends the trial court engaged in improper judicial factfinding based on the preliminary hearing transcript. He further contends he established a prima facie claim for resentencing relief, and the court therefore erred in finding him ineligible for resentencing as a matter of law.
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