People v. Cardenas CA5

Filed 11/16/21 P. v. Cardenas CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F080924 Plaintiff and Respondent, (Super. Ct. No. 1405767) v.

ULISES SANCHEZ CARDENAS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Ricardo Cordova, Judge. Phillip M. Brooks, under appointment by the Court of Appeal; and Spolin Law, Aaron Spolin, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Daniel B. Bernstein and Doris A. Calandra, Deputy Attorneys General, Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Smith, J. and Meehan, J.

INTRODUCTION Appellant Ulises Sanchez Cardenas was convicted of first degree murder (Pen. 1 Code, § 187, subd. (a)) and two counts of assault with a firearm (§ 245, subd. (a)(2)). The jury also found that Cardenas committed the offenses in association with a criminal street gang (§ 186.22, subd. (b)(1)). Cardenas was sentenced to an indeterminate term of 25 years to life plus a determinate term of 10 years. In 2019, following the enactment of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill No. 1437), Cardenas filed a section 1170.95 petition seeking to vacate his murder conviction. Following a hearing on the petition wherein Cardenas was represented by counsel, the superior court denied Cardenas’s petition. On appeal, Cardenas contends the superior court erred by denying his petition without issuing an order to show cause and holding an evidentiary hearing on his entitlement to relief. We affirm. PROCEDURAL HISTORY On August 17, 2012, following a jury trial, Cardenas was sentenced by the Stanislaus County Superior Court to an indeterminate term of 25 years to life for first degree murder, a consecutive 10-year determinate term for a section 186.22, subdivision (b)(1), gang enhancement, two concurrent terms of two years each for assault with a firearm, and two concurrent five-year terms for the related section 186.22, subdivision (b)(1), gang enhancements. On June 17, 2014, in People v. Cardenas (Jun. 17, 2014, F065841) [nonpub. opn.], this court affirmed Cardenas’s judgment of conviction. On January 1, 2019, Senate Bill No. 1437 became effective. (Stats. 2018, ch. 1015.) That measure amended sections 188 and 189 eliminating the felony murder rule and the natural and probable consequences doctrine. (Stats. 2018, ch. 1015, §§ 2, 3.)