People v. Cicero CA3

BACKGROUND

We derive the following facts from this court’s prior opinion on direct appeal (People v. Cicero (July 9, 2003, C039206) [nonpub. opn.]), but we do not rely on them to address defendant’s contentions. In July 2000, defendant and Maria Tenorio planned to rob a patron of an adult theater. Defendant ultimately stabbed and killed the victim, Peter Trujillo. A jury convicted defendant of first degree murder (§ 187, subd. (a)) and found true the special circumstance allegation that in committing the murder, defendant committed a robbery or attempted robbery (§ 190.2, subd. (a)(17)). However, the jury deadlocked on an allegation that defendant used a deadly weapon, a knife. (§ 12022, subd. (b)(1).) The trial court declared a mistrial on the allegation, which the court dismissed on the People’s motion. The trial court sentenced defendant to life without the possibility of parole. In July 2022, defendant filed a section 1172.6 petition, and the trial court appointed counsel for defendant. After the People conceded that defendant had made a prima facie showing, the trial court issued an order to show cause and received additional briefing. The prosecution submitted the record…