People v. Cardenas CA5
Opinion
Opinion
INTRODUCTION
Appellant Ulises Sanchez Cardenas was convicted of first degree murder (Pen. 1 Code, § 187, subd. (a)) and two counts of assault with a firearm (§ 245, subd. (a)(2)). The jury also found that Cardenas committed the offenses in association with a criminal street gang (§ 186.22, subd. (b)(1)). Cardenas was sentenced to an indeterminate term of 25 years to life plus a determinate term of 10 years. In 2019, following the enactment of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill No. 1437), Cardenas filed a section 1170.95 petition seeking to vacate his murder conviction. Following a hearing on the petition wherein Cardenas was represented by counsel, the superior court denied Cardenas’s petition. On appeal, Cardenas contends the superior court erred by denying his petition without issuing an order to show cause and holding an evidentiary hearing on his entitlement to relief. We affirm.
PROCEDURAL HISTORY
On August 17, 2012, following a jury trial, Cardenas was sentenced by the Stanislaus County Superior Court to an indeterminate term of 25 years to life for first degree murder, a consecutive 10-year determinate term for a section 186.22, subdivision (b)(1),…