People v. Parada CA2/4

INTRODUCTION

Appellant Alfredo Parada appeals the denial of his petition for resentencing under Penal Code section 1170.95.1 He contends the trial court erred in finding that he failed to establish a prima facie case and therefore was ineligible for relief as a matter of law. We conclude that the trial court was entitled to rely on the record of conviction in denying the petition at the prima facie stage. Moreover, any error was harmless, because the jury instructions from the trial make clear that appellant’s convictions for murder and attempted murder were not based on theories of felony murder or natural and probable consequences. Consequently, he is ineligible for relief under section 1170.95. We therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND

I. The Crime

The facts and procedural history of appellant’s crime are drawn from the opinion in the prior direct appeal by appellant and his co-defendant, Walter Hernandez, People v. Hernandez (Aug. 25, 1994, BA024449) [nonpub. opn.]. A. Evidence On the afternoon of August 27, 1990, Lisa Ochoa and Evelyn Descali were walking home from school. The girls stopped near an El Pollo Loco restaurant on Vermont Avenue to talk to…