People v. Rodriguez CA4/2

I.

INTRODUCTION

Defendant and appellant Alfred Ray Rodriguez (Rodriguez) appeals the trial

court’s summary denial of his petition for resentencing pursuant to Penal Code section 1 1170.95. He argues the trial court erred in denying his petition without issuing an order

to show cause and holding an evidentiary hearing because it engaged in impermissible

fact-finding. The record of conviction shows Rodriguez is ineligible for resentencing as a

matter of law. We therefore affirm the trial court’s order.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Tina Lopez testified that she had spent the night of November 17, 2005, with Jerry

Ramirez (Jerry), her boyfriend, at a motel. Tina telephoned her father, Benjamin, and

asked for a ride. Edward Vincent Hernandez (Vinny) and Rodriguez, her cousins, picked

her and Jerry up. No one seemed tense or angry.

1 That section has since been renumbered as Penal Code section 1172.6. (Stats. 2022, ch. 58, § 10.) However, because that change was nonsubstantive and the parties cite to Penal Code section 1170.95, we will cite to Penal Code section 1170.95 for ease of reference. All further statutory references are to the Penal Code. 2 The factual…