People v. Peterson CA3

Filed 10/21/24 P. v. Peterson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C099250

Plaintiff and Respondent, (Super. Ct. Nos. CRF05- 0008876-02, 05F8876) v.

JOANNA LORRAINE PETERSON,

Defendant and Appellant.

This appeal is from the trial court’s denial of defendant Joanna Lorraine Peterson’s petition for resentencing made pursuant to Penal Code section 1172.6. (Statutory section citations that follow are found in the Penal Code unless otherwise stated.) Effective June 30, 2022, the Legislature renumbered former section 1170.95 to section 1172.6. (Stats. 2022, ch. 58, § 10.) There were no substantive changes to the statute. Defendant filed this petition under former section 1170.95, but we will cite to the current section 1172.6.

1

In 2011, defendant pleaded guilty to second degree murder and second degree robbery. The trial court denied defendant’s petition for resentencing under section 1172.6 after an evidentiary hearing. Defendant argues we must reverse the trial court’s order because defense counsel provided ineffective assistance of counsel. We affirm the order.

FACTS AND HISTORY OF THE PROCEEDINGS On our own motion, we incorporate by reference our prior opinion in People v. Peterson (Oct. 6, 2022, C094574) (nonpub. opn.) (Peterson II). J.M. was murdered in 2005. Defendant and her codefendant, Scott Varner, were charged with premeditated murder (§ 187, subd. (a)); second degree robbery (§ 211); kidnapping (§ 207, subd. (a)); kidnapping for robbery (§ 209, subd. (b)); kidnapping for carjacking (§ 209.5, subd. (a)); and carjacking (§ 215, subd. (a)). The information also alleged the special circumstance that the murder was committed in the course of those additional offenses. In 2008, defendant entered a plea agreement in which she pleaded guilty to second degree murder in exchange for dismissal of the remaining charges and a sentence of 15 years to life in state prison. As part of the plea agreement, defendant agreed to testify fully and truthfully at all stages of Varner’s trial and at any interview. Varner was convicted of the special circumstance murder of J.M. and sentenced to death. (People v. Peterson (2012) 211 Cal.App.4th 1072, 1082 (Peterson I).) Following Varner’s trial, the trial court vacated defendant’s plea, finding that she was dishonest during the trial regarding her role in the killing, as there was evidence she was more deeply involved in the murder. (Id. at pp. 1083-1084.) Specifically, the court found defendant (1) falsely denied wearing the white gloves found in J.M.’s car even though her DNA was inside them; (2) was not credible concerning her prior relationship with J.M. and that she and Varner may have selected J.M. as a victim based on this prior relationship; and (3) lied