People v. Silva CA5

INTRODUCTION

In 2016, a jury convicted petitioner Heliodoro Arreola Silva with the first degree murder of Rodolfo B.1 (Pen. Code,2 §§ 187, subd. (a), 189; count 1) and the first degree murder of Reyes B. (§§ 187, subd. (a), 189; count 2).3 For both counts, the jury found true the special circumstance that petitioner committed multiple murders and committed the murders during the commission or attempted commission of a kidnapping (§ 190.2, subd. (a)(3), (a)(17)(B)). For each murder, the court imposed consecutive life sentences without the possibility of parole plus an additional one-year term for a firearm enhancement. (People v. Silva (Aug. 7, 2019, F074899) [nonpub. opn.] (Silva).) In 2019, petitioner filed a petition for resentencing on his murder convictions pursuant to section 1170.95. The court summarily denied the petition at the prima facie stage on the ground Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill No. 1437) is unconstitutional and, alternatively, the special circumstance findings established petitioner either aided and abetted in the murders with the intent to kill or that he was a major participant in the underlying felony and acted with reckless…