People v. Melgoza CA5

INTRODUCTION

In 2014, petitioner and appellant Jose Melgoza (Melgoza) was sentenced to an aggregate term of 50 years to life after being convicted of first degree premeditated murder (Pen. Code, §§ 187, subd. (a), 189))1 with firearm and gang enhancements (§ 12022.53, subds. (d), (e)(1); § 186.22, subd. (b)). Based on the jury instructions and arguments, Melgoza was convicted as either the actual killer or a direct aider and abettor; the jury was not instructed on felony murder or the natural and probable consequences doctrine. In 2017, this court affirmed the judgment. (People v. Melgoza (F068797, May 17, 2016) [nonpub. opn.].)2 In 2019, Melgoza filed a petition for recall and resentencing based on the newly enacted provisions of section 1170.95, asserting he was not the actual killer, and he was convicted based on theories of felony murder and/or natural and probable consequences. The superior court appointed counsel, received additional briefing, and held a hearing on the petition. The court held Melgoza failed to set forth a prima facie case for relief

1 All further statutory citations are to the Penal Code unless otherwise indicated. 2 As will be discussed below, Melgoza’s…