People v. Rodriguez CA4/2

I. INTRODUCTION

In 2011, defendant and appellant Alfredo Rodriguez was convicted of first degree

murder (Pen. Code,1 § 187) and sentenced to an indeterminate term of 50 years to life in

state prison. In 2024, he filed a petition pursuant to section 1172.6 seeking to vacate his

conviction and resentencing, but the trial court denied the petition without setting an

order to show cause. Defendant appeals, arguing that the trial court erred by failing to

independently review his record of conviction to conduct its own analysis prior to

denying his petition. We conclude that the record on appeal does not show error

warranting reversal and affirm the order.

II. BACKGROUND

In 2011, defendant was convicted by a jury of one count of first degree murder.

(count 1; § 187, subd. (a).) The jury also found true allegations that the defendant

personally discharged a firearm causing death (§ 12022.53, subd. (d)) in the commission

of the offense. Defendant was sentenced to an indeterminate term of 50 years to life in

state prison, comprised of 25 years to life on count 1, enhanced by an additional 25 years

to life as a result of the true finding related to personal discharge of a…