People v. Rios CA4/2

BACKGROUND

In 1994, a jury convicted defendant of two counts of murder, found true a multiple

murder special circumstance and, as to both counts of murder, it found true that defendant

used a deadly weapon (a knife). The trial court sentenced defendant to a life term to run

consecutively without the possibility of parole for each of the murders, a consecutive

one-year term for use of the knife as to one of the murder convictions, and a consecutive

four-month term for use of a knife as to the other. We affirmed the judgment. (People v.

Rios (Apr. 10, 1996, E015500) [nonpub. opn.].)

In September 2023, defendant filed a section 1172.6 petition for resentencing,

alleging he was entitled to relief under that provision because he had been convicted

pursuant to the felony-murder rule or the natural and probable consequences doctrine and

could not now be convicted of murder because of the changes made to sections 188 and

189 that became effective on January 1, 2019.2 Defendant was present by video and

represented by counsel when his petition was heard on May 15, 2025. The trial court

1 All further statutory references are to the Penal Code.

2 Defendant's petition was…