People v. Valencia CA2/5

FACTS AND PROCEDURAL HISTORY

In 1998, Valencia was riding in a stolen car with two other men when they encountered a prostitute. Valencia proposed that the woman take a drive with the men. She refused, and instead suggested that they go to a hotel room. Valencia tried to grab the woman’s hand, but she slapped him. Valencia got angry. The men parked the car by the hotel, and Valencia exited the vehicle. Using a semi-automatic firearm, Valencia fired seven shots into the woman’s room. The woman was struck in the torso, and her

3 Valencia also makes two unnecessary arguments. First, he contends that, although his petition does not appear to contain an explicit declaration that he is eligible for relief, he should not be faulted for the omission because he relied on a pre-printed form that was supplied to him; at most the trial court should have denied the petition without prejudice to re-filing. The trial court did not deny the petition on this basis. The court assumed that Valencia met the basic requirements set forth in section 1170.95, subdivision (a), but instead denied the petition on the basis of the information contained in the record of conviction. Second, Valencia argues…