People v. Victor CA4/1

Filed 1/26/26 P. v. Victor CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084272

Plaintiff and Respondent,

v. (Super. Ct. No. SCD133532)

TIMOTHY SHAWN VICTOR,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Francis M. Devaney, Judge. Affirmed. Sandra Gillies, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Assistant Attorney General, James Toohey and Daniel Rogers, Deputy Attorneys General, for Plaintiff and Respondent.

MEMORANDUM OPINION In 2023, Timothy Shawn Victor petitioned to have his first-degree

murder conviction vacated and to be resentenced under Penal Code1 section 1172.6. After appointing him counsel and allowing briefing, the trial court denied the petition at the prima facie stage. We affirm. The jury instructions and verdicts conclusively establish that the jury convicted Victor either as the actual killer, or a direct aider and abettor with the specific intent to kill. Either theory of liability makes him ineligible for relief as a matter of law. I.

Background2 Victor and Jose Flores were hired by Larry Tasa to kill Tasa’s wife, Rebecca. Victor and Flores entered the Tasas’ home, ransacked it to give the appearance of an interrupted burglary, and waited for Rebecca to come home. When she arrived, Victor and Flores slit her throat and killed her. They left with the jewelry she wore. In 1998, a jury convicted Victor of first degree murder (§ 187, subd. (a)), conspiracy to commit murder (§ 182, subd. (a)(1)), and burglary (§ 459). The jury also found two special circumstances, that the murder was committed by means of lying in wait (§ 190.2, subd. (a)(15)) and for financial gain (§ 190.2, subd. (a)(1)), to be true. Victor was sentenced to life without the possibility of parole.