People v. Valenzuela

Opinion

McCLOSKY, J.

On July 15, 1985, defendant Jesus Alfonso Valenzuela filed with this court a motion to recall the remittitur of our decision filed July 8, 1981, affirming a judgment of conviction entered after a jury found defendant Jesus Valenzuela guilty of first degree murder and assault with a deadly weapon and found that he personally used a firearm during the commission of both offenses after the trial court struck the use allegation as to the murder count.

This motion, however, was neither supported by any affidavits, or declarations nor based “on stipulation setting forth facts…