People v. Gonzalez CA5

INTRODUCTION

Petitioner Armando Jacobo Gonzalez petitioned the trial court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on his two convictions for first degree murder (§ 187, subd. (a)). The trial court summarily denied the petition at the prima facie stage on the ground petitioner is ineligible for relief. On appeal, petitioner argues the trial court erred in (1) failing to appoint counsel to represent him on the petition, (2) relying on this court’s opinion in petitioner’s direct appeal to deny relief, and (3) finding petitioner ineligible for resentencing. In our initial opinion, we agreed the trial court erred in disposing of the petition without appointing counsel. Furthermore, to the extent the trial court made factual findings based on the record of conviction, the court also erred. However, we concluded the errors were not prejudicial because the record of conviction, including the jury’s true findings on gang-murder special circumstances, established petitioner was ineligible for resentencing as a matter of law. Accordingly, we affirmed. Petitioner petitioned the California Supreme Court for review. The high court granted review…