People v. Rodriguez CA4/2

facts and a statement of the case. We offered defendant an opportunity to file a personal

supplemental brief, which he has not done. We affirm.

I. PROCEDURAL BACKGROUND

On April 28, 2011, a jury found defendant guilty of premeditated and deliberate

murder (§ 187, subd. (a)) and found true a special circumstance allegation that the murder

was committed during the commission or attempted commission of kidnapping (§ 190.2,

subd. (a)(17)(B)). The court sentenced defendant to imprisonment for life without the

possibility of parole.

On January 3, 2022, defendant filed a petition for resentencing pursuant to

section 1170.95. At a hearing on May 6, 2022, at which defendant was represented by

counsel, the People informed the court defendant had been convicted of murder with a

true finding on a kidnapping special murder circumstance. The People argued that to find

the special circumstance true required that the jury find defendant intended to kill: “We

believe under those circumstances the petition should be denied.”

The court looked at its own records and observed that the jury had found true a

section 190.2, subd. (a)(17)(B) special murder circumstance. The court then…