People v. Mora CA2/3

Filed 12/8/20 P. v. Mora CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B304503

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA085503 v.

JESUS MORA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Frederick N. Wapner, Judge. Affirmed. Kathy R. Moreno, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and Rene Judkiewicz, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION

In 1994, petitioner Jesus Mora was convicted of first degree murder in which he personally used a handgun. After the enactment of Senate Bill No. 1437 (S.B. 1437) (Stats. 2018, ch. 1015), Mora petitioned for resentencing under Penal Code section 1170.95, and the trial court appointed counsel to represent him.1 The court ultimately denied the petition on the ground that Mora, as the actual killer convicted under a theory of malice aforethought, was not entitled to relief under the statute. On appeal, Mora contends that the court erred by basing its conclusion on the factual summary in the opinion from his 1995 appeal. We conclude any error was harmless and affirm.