People v. Gonzalez CA3

Filed 3/4/22 P. v. Gonzalez CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C093049

Plaintiff and Respondent, (Super. Ct. No. 08F05656)

v.

JOSE GONZALEZ,

Defendant and Appellant.

Defendant Jose Gonzalez appeals the denial of his Penal Code1 section 1170.95 petition. He argues the superior court incorrectly analyzed his claim and should have weighed the evidence as an independent trier of fact under section 1170.95, subdivision (d)(3). He further argues that substantial evidence does not support the court’s finding that he could still be convicted of murder despite the change in the law.

Undesignated statutory references are to the Penal Code.

1 The People agree with…