P. v. Vaca CA6
In 1998, defendant Bryan Christopher Vaca was convicted by jury of second degree murder (Pen. Code, § 187) and attempted murder (§§ 664, subd. (a), 187). The jury also found true allegations that he personally used a deadly and dangerous weapon in the commission of each offense (§ 12022, subd. (b)(1)). In a second phase of the trial, the jury found that defendant was legally sane when he committed the offenses. Defendant was sentenced to 24 years to life in prison. This court affirmed the judgment on direct appeal. (People v. Vaca (August 9, 2000, H019100) [nonpub. opn.].)
In 2019, defendant filed a petition for resentencing under a prior version of section 1170.95, which allowed individuals convicted of felony murder or murder under the natural and probable consequences doctrine to petition the superior court to vacate the conviction based on changes in the law. After appointing defendant counsel and receiving briefing from the parties, the trial court denied the petition.
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