People v. Juarez CA5

INTRODUCTION

In 1992, appellant Frank Juarez was convicted by jury of first degree murder (Pen. Code,1 § 187) and kidnapping (§ 207, subd. (a)). The jury also found true a special circumstance alleging that the murder was committed during the commission of a kidnapping (§ 190.2, subd. (a)(17)). Juarez was sentenced to prison for life without the possibility of parole. Following the passage of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill No. 1437), Juarez filed a section 1170.95 petition for resentencing. The Fresno County Superior Court denied Juarez’s petition without appointing counsel or requesting additional briefing. On appeal, Juarez contends the court prejudicially erred by denying his petition without appointing counsel and providing an opportunity for full briefing. We affirm.

PROCEDURAL HISTORY

In 1992, a jury convicted Juarez of first degree murder (§§ 187, 189) and kidnapping (§ 207, subd. (a)). The jury also found true a special circumstance alleging that the murder was committed during the commission of a kidnapping (§ 190.2, subd. (a)(17)). Juarez was sentenced to prison for life without the possibility of parole as to the murder conviction, and a…