People v. Soto CA6

I. INTRODUCTION

In 2009, a jury convicted defendant Juan Lorenzo Soto of first degree murder (Pen. Code, § 187, subd. (a)), 1 conspiracy to commit robbery (§ 182, subd. (a)(1)), five counts of second degree robbery (§ 211), and two counts of attempted second degree robbery (§§ 664, 211), and found firearm and gang allegations true (§§ 12022.53, subds. (b), (d), 186.22, subd. (b)(1)). The superior court sentenced defendant to 34 years consecutive to 50 years to life. In 2019, defendant filed a petition for resentencing pursuant to section 1170.95, which allows individuals convicted of felony murder or murder under the natural and probable consequences doctrine to petition the superior court to vacate the conviction under recent changes to homicide law. After briefing and argument by the parties, the

All further statutory references are to the Penal Code unless otherwise indicated. superior court denied the petition, determining that defendant was “unable to establish that he could not now be convicted of first-degree murder.” Defendant contends that the superior court erred when it denied the petition. Defendant argues that the superior court improperly decided…