People v. Andrade CA5

INTRODUCTION

In 2012, a jury convicted petitioner Sanson Noe Andrade of the first degree murder of Tommy H. 1 (Pen. Code,2 § 187, subd. (a), count 1) and the attempted first degree murder of Randy H. (§§ 187, subd. (a), 189, 664, count 2).3 On count 1, the jury found true the special circumstance that petitioner committed the murder while an active participant in a criminal street gang and with an intent to kill (§ 190.2, subd. (a)(22)). For the offense of murder, the trial court sentenced petitioner to a term of life in prison without the possibility of parole. For attempted murder, the court imposed a consecutive sentence of life with the possibility of parole. (People v. Andrade (Oct. 31, 2014, F065468 [nonpub. opn.] (Andrade).) In 2019 and 2020, respectively, petitioner filed two petitions for resentencing on his murder conviction pursuant to section 1170.95. The court summarily denied both petitions at the prima facie stage on the ground the special circumstance finding established petitioner had the intent to kill, a disqualifying factor pursuant to section 1170.95, subdivision (a)(3). On appeal, petitioner contends the trial court erred by failing to appoint counsel at the…