People v. Mercado CA5

INTRODUCTION

In 1998, defendant Luis Andre Mercado pleaded guilty to first degree murder and admitted a related personal use of a firearm enhancement allegation after participating in a robbery of a bar during which an individual was killed. After the passage of Senate Bill No. 1437 (2017–2018) (Senate Bill 1437), he filed a Penal Code section 1170.95 petition for resentencing. (Undesignated statutory references are to the Penal Code.) The People opposed the petition, and the court concluded defendant had established a prima facie showing of entitlement to relief. The court then held an evidentiary hearing after which it denied defendant’s petition, concluding the evidence established he was a major participant in the crime who acted with reckless indifference to human life. On appeal, defendant argues insufficient evidence supports the trial court’s conclusion. We affirm the trial court’s order.

FACTUAL AND PROCEDURAL BACKGROUND

In 1998, defendant pleaded guilty to first degree murder. He also admitted to having personally used a firearm during the commission of the crime within the meaning of section 12022.5, subdivision (a). Pursuant to the plea bargain, the court dismissed…