California v. Dominguez
Annotate this CaseIn 1990, defendant-appellant Marty Dominguez was convicted by jury of second degree murder, and an allegation was found true he was armed with a deadly weapon during the commission of the offense. Dominguez was sentenced to prison for 21 years to life. He appealed, and the Court of Appeal affirmed in an unpublished opinion. In January 2019, Dominguez filed a petition for resentencing under Penal Code section 1170.95, which permitted a defendant convicted of murder under a felony-murder theory or the natural and probable consequences doctrine to petition for the conviction to be vacated and resentenced. The superior court found that Dominguez did not make a prima facie showing that he was entitled to relief and denied the petition. Dominguez appealed, contending the court erred in determining his petition did not establish a prima facie case for relief. The Court of Appeal concluded the superior court properly considered the record of conviction to determine as a matter of law that Dominguez was ineligible for relief under section 1170.95.
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