People v. Rodriguez CA4/1

DISCUSSION

The trial court found Rodriguez not eligible for relief under section 1170.95 and explained its reasons in a written order. The court stated: “The court has reviewed the petition for resentencing filed pursuant to newly enacted Penal Code section 1170.95, the return, and the reply, and finds that Petitioner has not made a prima facie showing that he or she is entitled to relief for the following reasons:

The facts of the offenses as found in the trial are fully set forth in our prior opinion. We do not find it necessary to repeat them here. 2 “Petitioner was ‘not the actual killer, but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer in the commission of first degree murder,’ as described in subdivision (d) of Section 190.2.[ ] (§189, subd. (e).)

“The Court has reviewed the trial court record of conviction and the trial transcript in this case. At trial there was direct evidence presented by the prosecution from witnesses including Monica Cobian and Rosamelia Cordova that Petitioner shared Garcia’s intent to kill the victim Ms. Granados and aided and abetted her murder by holding the…