People v. Peterson CA3

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…