People v. Prado CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts2

In the early morning of March 26, 1990, appellant demanded money from Biviano Muñoz. When Muñoz refused, appellant shot him in the leg, causing him to fall. After searching his pockets, appellant shot Muñoz in the head, killing him. Appellant was 20 years old at the time. A jury convicted him of first degree murder (§ 187) and attempted second degree robbery (§§ 667, 211), and found true the special circumstance that he committed the murder in the course of an attempted robbery (§ 190.2, subd. (a)(17)). Appellant was sentenced to life without the possibility of parole. His conviction was affirmed on direct appeal. (People v. Prado, supra,

B085171.)

1 Undesignated statutory references are to the Penal Code.

2 These facts are drawn from the 1995 opinion affirming appellant’s conviction on direct appeal. (People v. Prado (Oct. 3, 1995, B085171) [nonpub. opn.].)

II. Procedural Background

In March 2023, appellant requested a Franklin hearing based on People v. Hardin (2022) 84 Cal.App.5th 273, reversed by People v. Hardin (2024) 15 Cal.5th 834 (Hardin), in which the Court of Appeal held that section 3051 violated equal…