In re Contreras CA5

INTRODUCTION

Petitioner Ruben Contreras petitioned the superior court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on his conviction for first degree murder (§ 187, subd. (a)). The trial court conducted an evidentiary hearing and denied the petition on the ground petitioner was a major participant in the underlying robbery and acted with reckless indifference to human life. On appeal, petitioner contends the order denying the petition must be reversed because (1) the trial court failed to consider his age in determining he acted with reckless indifference to human life, and counsel was constitutionally ineffective in failing to raise

1 Undesignated statutory references are to the Penal Code. Former section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) We refer to the current section 1172.6 in this opinion. Petitioner filed his resentencing petition on a form petition for writ of habeas corpus, but made clear he was seeking relief pursuant to the procedure outlined in section 1172.6. The court addressed the resentencing petition pursuant to section 1172.6, but continued to caption the…