People v. Zavala CA5

INTRODUCTION

In 2008, separate juries found petitioner Edgar Ivan Zavala guilty of the first degree murder of Luis Ramirez (Pen. Code,1 § 187, subd. (a); count 1) and the second degree murder of Stephanie Gutierrez (§ 187, subd. (a); count 2). The trial court sentenced petitioner on count 1 to a term of life without the possibility of parole, and on count 2 to a term of 15 years to life, to be served concurrently. In 2019, petitioner filed a petition, pursuant to section 1170.95, seeking resentencing on his murder convictions. Following briefing, the trial court denied the petition on the ground petitioner was prosecuted and convicted as a direct aider and abettor, and therefore ineligible for resentencing. On appeal, petitioner asserts he established a prima facie claim for resentencing relief and the court therefore erred in denying the petition without issuing an order to show cause or holding an evidentiary hearing. We conclude the court did not err in denying the petition without issuing an order to show cause or holding an evidentiary hearing because the record establishes petitioner was prosecuted and convicted as a direct aider and abettor and he therefore is ineligible…