People v. Santos CA4/3

Filed 8/18/20 P. v. Santos CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G057886

v. (Super. Ct. No. 02CF2639)

EDUARDO FLORES SANTOS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Lance Jensen, Judge. Affirmed. Robert E. Boyce, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Steve Oetting and Anthony Da Silva, Deputy Attorneys General, for Plaintiff and Respondent.

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In 2003, a jury found defendant Eduardo Flores Santos guilty of murder and found true an allegation that he personally used a knife during the commission of the crime. The trial court imposed a prison sentence of 15 years to life. This court affirmed the judgment on appeal. (People v. Santos (Dec. 20, 2004, G033245) [nonpub. opn.].) 1 In 2019, Santos filed a petition for resentencing. (Pen. Code, § 1170.95.) The trial court reviewed the record of conviction and summarily denied the petition. Santos argues the trial court erred by looking beyond the four corners of the petition to determine if there was a prima facie basis for relief under section 1170.95. We disagree, as has every other appellate panel that has considered the issue. Thus, we affirm the judgment.

I PROCEDURAL BACKGROUND On April 23, 2003, the prosecution filed an information charging Santos with the murder of Jose Luis Martinez. (§ 187.) The information alleged that during the commission of the murder Santos “personally used a dangerous and deadly weapon,” specifically, a knife. (§ 12022, subd. (b)(1).) “At trial, there was evidence . . . Santos armed himself with a knife . . . .” (People v. Santos., supra, G033245.) The jury found Santos guilty of second degree murder and found true the personal use of a knife enhancement. The court sentenced Santos to a prison term of 15 years to life. On March 5, 2019, Santos filed a section 1170.95 petition. On the form petition, Santos checked boxes stating: “At trial, I was convicted of 1st or 2nd degree murder pursuant to the felony murder rule or the natural and probable consequences doctrine;” and “I could not now be convicted of 1st or 2nd degree murder because of