People v. Santisteven CA2/7

Filed 1/20/22 P. v. Santisteven CA2/7 Opinion on remand from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B301404

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA059086) v.

PETER SANTISTEVEN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Stephen A. Marcus, Judge. Reversed and remanded. Vanessa Place, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra and Rob Bonta, Attorneys General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Charles S.

Lee, Stephanie A. Miyoshi and Amanda V. Lopez, Deputy Attorneys General, for Plaintiff and Respondent. ___________________________ Peter Santisteven pleaded guilty in 2007 to first degree felony murder. In January 2019 Santisteven petitioned for resentencing pursuant to Penal Code section 1170.95.1 The superior court denied the petition after appointing counsel for Santisteven and holding an evidentiary hearing, ruling, because substantial evidence supported a finding Santisteven was a major participant acting with reckless indifference to human life in the underlying robbery, Santisteven was ineligible for resentencing. In our original opinion we reversed the order denying Santisteven’s petition, holding the superior court had applied an improper standard of proof at the evidentiary hearing. Following the Attorney General’s petition for review, the Supreme Court transferred the case to us with directions to reconsider our opinion in light of amendments to section 1170.95 by Senate Bill No. 775 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 551, § 2) (Senate Bill 775), effective January 1, 2022. Santisteven again argues, and the Attorney General now agrees, the case should be remanded for a new evidentiary hearing at which the prosecution is required to prove beyond a reasonable doubt that Santisteven is guilty of murder under current law. FACTUAL AND PROCEDURAL BACKGROUND 1. Santisteven’s Guilty Plea Santisteven and Carlos Martinez, aided by Christian Martinez, robbed Alberto Castillo and Nacho Barboza in an