People v. Nicholas CA3
Opinion
Opinion
Renner, J.
I. BACKGROUND
On October 2, 1998, a jury found defendant and his co-defendant guilty on two counts of first degree murder and one count of attempted first degree robbery. (Nicholas, supra, C031099.) The jury also found true special allegations that the murders were committed during the commission of the attempted robbery and multiple murders were committed, as well as allegations that defendant used a deadly weapon to commit the offenses. (Ibid.) The trial court sentenced defendant to consecutive life terms without the possibility of parole, plus 18 years. On appeal, we struck a five-year enhancement and affirmed the judgment as modified. (Ibid.) On March 25, 2019, defendant filed a petition for resentencing of his murder conviction pursuant to section 1170.95. The court appointed counsel, the People responded to the petition, and defendant filed a reply. After briefing, the court denied the petition finding defendant was ineligible for relief under section 1170.95 based on the jury’s special circumstance finding and the evidence supporting the findings of premeditation and deliberation. Thus, no order to show cause issued.