People v. Solis CA3

facts will suffice. On August 12, 2004, Ruby P. came to defendant’s apartment, and they got into an argument that turned physical. Defendant claimed that Ruby P. grabbed a knife from the kitchen counter and they wrestled for it, each attempting to stab the other. They tripped on an air mattress and defendant stabbed Ruby P. in the neck, killing her. After a bench trial, the trial court found defendant guilty of first degree murder (§ 187, subd. (a)). The court also found true that defendant personally used a deadly and dangerous weapon (§ 12022, subd. (b)(1)). Defendant was sentenced to 25 years to life with an additional consecutive year for the personal use enhancement. We affirmed in People v. Solis (Dec. 14, 2007, C053493) [nonpub. opn.]. On January 22, 2019, defendant filed a petition under former section 1170.95.2 On February 25, 2019, the trial court denied the petition. We affirmed in People v. Solis (Jan. 16, 2020, C089326) [nonpub. opn.]. On June 1, 2022, defendant filed a second petition under section 1172.6. He argued that an information had been filed against him that allowed the prosecution to proceed under a theory of felony murder or a natural and probable…