People v. Alejandre CA1/3

BACKGROUND

In 2010, a jury convicted Alejandre of several felonies, including first degree murder and conspiracy to commit murder; the jury also found true an allegation that a codefendant discharged a firearm causing death. This court affirmed. (People v. Alejandre (Sept. 5, 2013, A131367, A137456) [nonpub. opn.] (prior opinion).)

Undesignated statutory references are to the Penal Code. Section

1170.95 has been renumbered section 1172.6. (Stats. 2022, ch. 58, § 10.)

1 Years later, Alejandre petitioned for resentencing under former section 1170.95, and the trial court appointed counsel for him. In opposition, the prosecution summarized the procedural history as stated in the prior opinion and urged the court to deny the petition without issuing an order to show cause. Alejandre objected “to the court considering the recitation of facts in the . . . opinion.” The court summarily denied the petition. It concluded Alejandre was ineligible for relief as a matter of law “because he was not convicted under a felony murder or natural and probable consequence[s] theory, and his conviction of conspiracy to commit murder required the jury to find he harbored express malice…