People v. Mendoza CA6

I. INTRODUCTION

In 1993, a jury convicted defendant Arturo Mendoza of first degree murder (Pen. Code, § 187),1 attempted robbery (§§ 664/211, 212.5, subd. (a)), and first degree burglary (§§ 459, 460, subd. (a)), finding true the felony-murder special circumstance allegations that the murder was committed during an attempted robbery and a burglary (§ 190.2, subd. (a)(17)(i), (vii))2 and the allegation that defendant personally used a firearm during the commission of the offenses (§ 12022.5, subd. (a)). It was undisputed that defendant was not the actual killer; defendant was prosecuted as an aider and abettor to the murder. In finding the felony-murder special circumstance allegations true, the jury determined that defendant was a major participant in the underlying felonies who

1 All further statutory references are to the Penal Code. 2 Currently section 190.2, subdivision (a)(17)(A), (G). acted with reckless indifference to human life. The superior court sentenced defendant to life without the possibility of parole consecutive to four years for the firearm enhancement. This court affirmed the judgment in 1995. In 2019, defendant filed a petition for resentencing…