P. v. Mendoza CA2/3
Elmer Moreno Mendoza appeals from an order denying his petition for resentencing pursuant to Penal Code section 1170.95. His appellate counsel filed a brief asking this court to proceed under People v. Wende (1979) 25 Cal.3d 436. We affirm.
On December 9, 1996, following a jury trial, Mendoza was convicted of one count of first degree murder (§ 187, subd. (a)) with a true finding on the allegation that he personally used a firearm in the commission of the offense (§ 12022.5, subd. (a)). He was sentenced to a term of 25 years to life, plus 10 years. A different panel of this division affirmed the judgment of conviction in People v. Mendoza (June 24, 1998, B108845) [nonpub. opn.].
On February 22, 2021, acting in propria persona, Mendoza filed a petition for resentencing pursuant to section 1170.95. In his handwritten petition, Mendoza alleged that he was charged with, and convicted of, first degree murder under the natural and probable consequences doctrine.
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