Morales

People v. Morales

Good Law
Court of Appeal of CaliforniaJune 21, 2024A166731California4,912 words

Opinion

Opinion

Miller, J.

Filed 6/21/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

A166731

v. (Sonoma County Super. Ct. IVAN MORALES, No. SCR-682933-1) Defendant and Appellant.

In 2018, a jury found defendant Ivan Morales guilty of robbery and attempted premeditated murder, among other offenses, and found he personally and intentionally discharged a firearm causing great bodily injury in the commission of the robbery and attempted premeditated murder. In 2020, we affirmed the judgment. (People v. Morales (Aug. 25, 2020, A154263) 2020 WL 4999934 [nonpub. opn.] (Morales).) In 2022, Morales filed a petition to vacate the attempted murder conviction and for resentencing under former Penal Code section 1170.95 (now section 1172.6). The trial court found Morales failed to make a prima facie claim for relief and denied the petition without issuing an order to show cause. Morales appeals from the order denying his petition. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The Underlying Crimes On the afternoon of July 12, 2016,…

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