P. v. Gonzalez CA5
A jury convicted petitioner Jose Gonzalez 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)). The trial court sentenced petitioner on count 1 to a term of life without the possibility of parole.
In 2019, petitioner filed a petition for resentencing pursuant to section 1170.95. The trial court summarily denied the petition based on “the DA’s response” and without providing a further statement of reasons.
On appeal, petitioner contends the trial court erred in denying the petition without conducting an evidentiary hearing. Because the trial court denied the petition without specifically stating its reasons, petitioner attacks possible rationales the court may have relied upon.
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