People v. Valadez CA4/3

FACTS

Valadez was convicted by a jury in 1990 of conspiracy to commit murder, two counts of first degree murder with a multiple-murder special circumstance, and 11 counts of attempted murder. He was sentenced to life in prison without the possibility

1 All further statutory references are to the Penal Code.

2 of parole. We previously affirmed those convictions in People v. Figueroa (Jun. 30, 2 1992, G010268, G010371 [nonpub. opn.]). Factual details concerning the crimes may be found in that opinion. In July 2019, Valadez filed a petition for resentencing pursuant to section 1170.95. After receiving briefing from the prosecution and Valadez’s counsel, the trial court denied the petition, finding Valadez had failed to make a prima facie case for relief. In denying the petition, the court concluded Valadez was not eligible for resentencing because the record of conviction demonstrated he was not convicted of felony murder or murder under a natural and probable consequence theory. The court relied on the jury’s guilty verdict on the conspiracy to commit murder charge, the jury’s true finding on the multiple-murder special circumstance allegation, and the corresponding jury…