People v. Jackson CA5

INTRODUCTION

In 1995, a jury convicted petitioner Alonzo Jackson, Jr., of two counts of first degree murder (Pen. Code,1 § 187), with a robbery-murder special circumstance (§ 190.2, subd. (a)(17)), and a multiple-murder special circumstance (§ 190.2, subd. (a)(3)).2 For these offenses, he was sentenced to two consecutive terms of life without the possibility of parole. In 2019, petitioner filed a petition for resentencing pursuant to section 1170.95. The court summarily denied the petition on the ground that petitioner was a major participant in the underlying felony who acted with reckless indifference to human life, a disqualifying factor pursuant to section 1170.95, subdivision (a)(3). 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. We conclude the court did not err in denying the petition without issuing an order to show cause because the record establishes petitioner is ineligible for resentencing as a matter of law. Accordingly, we affirm.

FACTUAL AND PROCEDURAL HISTORY

In this court’s opinion on petitioner’s direct appeal, we described…