People v. Hendrix CA5

INTRODUCTION

In 2012, a jury convicted petitioner Joseph Hendrix of the second degree murder of Jacob Ramirez (Pen. Code,1 § 187, subd. (a); count 1) and the attempted murder of Manuel G.2 (§§ 187, subd. (a), 664; count 2).3 The trial court sentenced petitioner on count 1 to a term of 15 years to life, and on count 2 to a consecutive term of seven years, with an additional consecutive term of 25 years to life on each count for a firearm enhancement (§ 12022.53, subds. (d), (e)(1)). In 2019, petitioner filed a petition for resentencing on his murder conviction pursuant to section 1170.95. The trial court denied the petition on the ground petitioner was a major participant in the offense who acted with reckless indifference to human life, a disqualifying factor under section 1170.95, subdivision (a)(3). On appeal, petitioner argues, and the People concede, the trial court engaged in premature factfinding and instead should have issued an order to show cause and conducted an evidentiary hearing to resolve petitioner’s eligibility for resentencing on his murder conviction. Additionally, as the parties agree, section 1170.95 has been amended since the filing of the petition to…