People v. Hoffman CA5

INTRODUCTION

In 2010, appellant Kyle Hoffman and codefendant Luis Palafox (Hoffman and Palafox; collectively defendants), were convicted after a joint trial of two counts of first degree murder with three special circumstances, and sentenced to two consecutive terms of life in prison without possibility of parole (LWOP). In 2019, Hoffman filed a petition for resentencing pursuant to Penal Code1 section 1170.95, and alleged he was entitled to relief because he was not the actual killer, and his murder conviction was based on the felony-murder rule and/or the natural and probable consequences doctrine. The superior court denied the petition. On appeal, Hoffman’s appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) We affirm.

FACTS2

Evidence Heard by Both Juries3 Early on the morning of August 6, 2008,4 Bakersfield Police Officer Woessner was investigating an abandoned stolen vehicle when he heard a car alarm coming from the 4400 block of Belle Terrace. He saw Palafox walking away from the vehicle that was emitting the alarm;…