People v. Morales CA2/6

Filed 8/19/20 P. v. Morales CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B298387 (Super. Ct. No. KA083765) Plaintiff and Respondent, (Los Angeles County)

v.

EFRAIN MORALES,

Defendant and Appellant.

Efrain Morales appeals an order denying his petition for resentencing filed under Penal Code section 1170.95.1 We conclude, among other things, that the trial court erred by summarily denying the petition. We reverse and remand with instructions that the court issue an order to show cause, appoint counsel for Morales, and conduct the hearing required by section 1170.95.

1 All statutory references are to the Penal Code.

FACTS On May 10, 2008, Morales drove Jason Romo “to the crime scene.” Romo got out of the car; he subsequently confronted and shot the victim. The victim died. Romo then returned to the car. Morales drove the car from the area. During the time when Romo left the vehicle and shot the victim, Morales remained in the car. Morales was convicted of first degree murder (§ 187, subd. (a)) and attempted robbery (§§ 664, 211). The jury also found true a special circumstance allegation that the murder was committed in the attempted robbery. (§ 190.2, subd. (a)(17)(A).) Morales was sentenced to life without parole, plus 63 years 4 months to life in state prison. In 2010, we affirmed the murder and attempted robbery conviction and held there was sufficient evidence “to support the special circumstance finding that [Morales] aided and abetted the attempted robbery with reckless indifference to human life.” (Italics added.) We also ruled that Morales was “a major participant in the attempted robbery and murder.” (Italics added.) In 2019, Morales filed a petition for resentencing (§ 1170.95), declaring that he was “not a major participant in the felony” and did not act with reckless indifference to human life. The trial court “summarily denied” the petition, finding Morales “is not eligible for consideration pursuant to [section] 1170.95.” The court did not issue an order to show cause for a hearing and it did not appoint counsel for Morales. The court found, “Since [Morales’s] special circumstance felony murder conviction has been sustained and upheld by the appellate courts,