People v. Fielder CA2/8

Filed 1/19/21 P. v. Fielder CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B305966

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA051505) v.

ROBERT FIELDER, JR.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Teri Schwartz, Judge. Affirmed. David Y. Stanley, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Charles S. Lee, Deputy Assistant Attorney General, and Heidi Salerno, Deputy Attorney General, for Plaintiff and Respondent.

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Robert Fielder appeals the trial court’s summary denial of his petition for resentencing on his second degree murder conviction pursuant to Penal Code section 1170.95,1 a provision added by Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Stats. 2018, ch. 1015) (SB 1437). We affirm. BACKGROUND In 2015, Fielder pled guilty to the second degree murder of Elvia Romero and was sentenced to 15 years to life. (§ 187, subd. (b)(1); § 186.22, subd. (b)(1).) He filed a form section 1170.95 petition on February 6, 2020, declaring he was neither a direct aider and abettor in the murder nor a major participant who acted with reckless indifference to human life. He failed to check a box stating he was not the actual killer. He attached two letters to his petition. One was a 2005 letter written by a deputy district attorney requesting secure housing for Fielder. In it, she explained Fielder “admitted he shot Elvia Romero” at the direction of fellow gang members. Romero died of a heart attack after being shot in the hip and leg. Fielder testified against a codefendant in a separate trial. The second letter was stamped received by the Board of Parole Hearings on September 14, 2016. It was submitted by one of the two detectives assigned to Fielder’s case. She explained the circumstances leading up to the shooting, and said the victim “Elvia [Romero] grabbed on to Fielder and he fired a shot which entered her knee.” She died of a heart attack she suffered during the shooting. The detective said during Fielder’s plea proffer, “he admitted shooting Elvia Romero” and agreed to testify truthfully