People v. Pina CA6

I. BACKGROUND

A. Pina’s Convictions In 1986, Pina was convicted of first degree murder (§ 187, subd. (a)) and first degree burglary (§ 459). As to both offenses, the jury found true the allegation that Pina personally used a firearm. The trial court sentenced Pina to 25 years to life consecutive to 13 years as to the murder conviction and imposed an eight-year sentence for burglary that was stayed under section 654. B. The Petition for Resentencing In August 2022, Pina, representing himself, petitioned for resentencing alleging that he could not presently be convicted of murder or attempted murder under current law. Pina attached no exhibits to his petition and made no specific factual allegations. The People opposed Pina’s petition, arguing that he was ineligible for relief because he was the direct perpetrator of the felony murder. Attached to the People’s opposition were the abstract of judgment for Pina’s convictions, the jury’s verdict forms, the jury instructions, this court’s opinion in Pina’s direct appeal (People v. Pina (Sept. 21, 1988, H001869) [nonpub. opn.]), and the reporter’s transcript of the trial. C. Evidence from the Trial Transcript In 1984,…