People v. Rodriguez CA4/3

FACTS AND PROCEDURAL HISTORY

In 1991, a jury convicted Rodriguez of second-degree murder, and found true a deadly weapon enhancement. The trial court found true three prior strikes under the Three Strikes Law. Rodriguez was sentenced to 27 years to life. This court affirmed the judgment in an unpublished opinion. (People v. Rodriguez (1992) G011479 [unpub. opn.].) On November 15, 2021, appellant filed a petition for resentencing pursuant to section 1170.95. On November 24, 2021, the trial court appointed counsel for appellant. On January 5, 2022, the district attorney filed an opposition, attaching portions of the record from the direct appeal, including the jury instructions and the jury verdicts.

2 Following a hearing on the resentencing petition on October 19, 2022, the trial court denied the petition. It explained: “There has been no showing of a prima facie case that petitioner was convicted under any now-void legal theory of murder as described in section 1170.95 of the Penal Code, now section 1172.6 of the Penal Code. “The jury was instructed on one theory of guilt-that of an actual perpetrator/killer. The defendant was charged with one count of murder and the jury…