People v. Ortega CA2/4

INTRODUCTION

This is an appeal from the denial of appellant Juan Manuel Ortega’s petition for resentencing under Penal Code section 1170.95.1 In 2004, Ortega was convicted of seven substantive offenses, including two counts of special circumstance murder (§ 187, subd. (a), counts 1 & 2), the only offenses at issue in this appeal. As to count 1, the jury found true the special circumstance allegations of multiple murder (§ 190.2, subd. (a)(3)) and that the murder was committed in the commission of carjacking and kidnapping (§ 190.2, subd. (a)(17)). As to count 2, the jury found true the special circumstance allegations of multiple murder (§ 190.2, subd. (a)(3)) and that the murder was committed in the commission of kidnapping (§ 190.2, subd. (a)(17)). In 2006, this court modified Ortega’s sentence and affirmed his conviction in all other respects. (See People v. Ortega (Mar. 30, 2006, B173836) [nonpub. opn.] (Ortega I).) In May 2019, Ortega filed a verified petition for resentencing under section 1170.95, which provides that persons who were convicted under theories of felony murder or murder under the natural and probable consequences doctrine, and who could no longer be…