People v. Mata CA5

INTRODUCTION

A jury convicted defendant Isidoro Mata of multiple counts, including first degree murder and three counts of attempted murder, in connection with a series of drive-by shootings in which defendant was the driver. Following the passage of Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437), defendant filed a petition for resentencing pursuant to Penal Code section 1170.95, asserting he was entitled to resentencing under the new laws. (Undesignated statutory references are to the Penal Code.) After appointing defendant counsel and receiving briefing by the parties, the court denied the petition, stating the murder conviction was based on theories of premeditation and deliberation and aiding and abetting a firearm discharge from a motor vehicle, rather than a now invalidated theory of murder. The court reasoned the jury found true the “special allegation” that defendant “acted with an intent to kill that was deliberate and premeditated.” Defendant appealed the denial of his petition. We previously affirmed the trial court’s order, concluding the record of conviction established defendant was ineligible for relief from his murder conviction under section…