People v. Gonzalez CA5

INTRODUCTION

In 2014, a jury convicted petitioner Armando Jacobo Gonzalez on two counts of first degree murder (Pen. Code,1 § 187, subd. (a)), with a multiple-murder special circumstance (§ 190.2, subd. (a)(3)), and a special circumstance that petitioner intentionally killed the victim while an active participant in a criminal street gang (§ 190.2, subd. (a)(22)).2 (People v. Anguiano et al. (May 25, 2017, F069881) [nonpub. opn.] (Anguiano).) For these offenses, petitioner was sentenced to two consecutive terms of life without the possibility of parole. In 2019, petitioner filed a petition for resentencing on his murder convictions pursuant to section 1170.95. The court summarily denied the petition on the ground petitioner is ineligible for relief. On appeal, petitioner argues the trial court erred in (1) failing to appoint counsel to represent him on the petition, (2) relying on this court’s opinion in petitioner’s direct appeal to deny relief, and (3) finding petitioner ineligible for resentencing. We agree the court erred in disposing of the petition without appointing counsel. Furthermore, to the extent the court made factual findings based on the record of conviction, the…