P. v. Madrigal CA5
In 2004, a jury convicted petitioner Alberto Esqueda Madrigal of first degree murder (Pen. Code, § 187, subd. (a), count 1). As to count 1, the jury found true the special circumstance that petitioner committed the murder while engaged in the commission or attempted commission of a robbery (§ 190.2, subd. (a)(17)(A)). The trial court sentenced petitioner on count 1 to a term of life without the possibility of parole, plus one year for a knife enhancement (§ 12022, subd. (b)(1)). (People v. Madrigal (July 27, 2005, F045882 [nonpub. opn.] (Madrigal).)
In 2019, petitioner filed a petition for resentencing on his murder conviction pursuant to section 1170.95. The trial court summarily denied the petition at the prima facie stage without providing a statement of reasons for why it did not issue an order to show cause.
On appeal, petitioner contends the trial court erred by denying his section 1170.95 petition without conducting an evidentiary hearing.
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