People v. Firman CA4/1

INTRODUCTION

In 2013, a San Diego jury found Marco Antonio Firman guilty of the first degree murder of 27-year-old Tomas Ray in a gang-motivated attack. Years after the judgment of conviction became final, Firman petitioned to have his murder conviction vacated and to be resentenced under Penal Code

section 1172.6.1 The trial court issued an order to show cause and held an evidentiary hearing, but found that Firman remained guilty of murder under the State’s current murder laws and therefore denied the petition. Firman appeals the order denying his resentencing petition. He claims the order must be reversed because: (1) the trial court applied the wrong legal standard when it found him ineligible for relief; (2) the court relied on improper sources of information when evaluating the petition; and (3) there was insufficient evidence to support the order. We reject these arguments and affirm the order denying Firman’s resentencing petition. II

BACKGROUND

A. The Murder and Trial2 At all times relevant to the case, Firman and codefendant Paul Salinas were members of the City Heights Juniors street gang. City Heights Juniors claimed a territory encompassed within a larger region…