People v. Morales CA5

INTRODUCTION

Eight years ago, defendant Ernesto Morales, Jr., pleaded no contest to second degree murder that was alleged to have been committed during an attempted robbery. In

SEE DISSENTING OPINION

2019, defendant filed a Penal Code section 1170.95 petition for resentencing based on legislative changes to California’s felony-murder rule. (Undesignated statutory references are to the Penal Code.) The People opposed the petition. The sentencing court concluded defendant had established a prima facie showing of entitlement to relief. Accordingly, the court held an evidentiary hearing after which it denied defendant’s petition, concluding he was a major participant in the attempted robbery who acted with reckless indifference to human life. On appeal, defendant argues insufficient evidence supports the sentencing court’s findings. We reverse the challenged order and remand for further proceedings consistent with this opinion.

FACTUAL AND PROCEDURAL BACKGROUND

In 2012, defendant was charged by information with one count of murder (§ 187, subd. (a)) and one count of attempted robbery (§§ 211, 664). The murder was alleged to have been committed under special circumstances, i.e.,…