People v. Fielder CA2/8

Filed 6/15/22 P. v. Fielder CA2/8 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 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 and Rob Bonta, Attorneys General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Charles S. Lee, Noah P. Hill and Heidi Salerno, Deputy Attorneys General, for Plaintiff and Respondent.

__________________________ Robert Fielder appealed 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) (Senate Bill 1437). On January 19, 2021, we affirmed the denial of his petition. On April 27, 2022, the California Supreme Court remanded our decision with directions to vacate and reconsider it in light of People v. Lewis (2021) 11 Cal.5th 952 (Lewis). We now vacate our prior decision and rule anew. We affirm the trial court’s denial of appellant’s resentencing petition.

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 section 1170.95 form 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. Fielder attached two letters to his petition. One was a 2005 letter written by a deputy district attorney requesting secure housing for him. 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 co-defendant in a separate trial.