People v. Sandoval CA2/7

INTRODUCTION

In 2008 a jury convicted Jorge Sandoval of first degree felony murder and attempted robbery and found true the allegation he committed the murder during the attempted robbery. We affirmed the murder and attempted robbery convictions in Sandoval’s direct appeal. Sandoval now appeals from the superior court’s order denying his petition for resentencing under Penal Code former section 1170.95 (now section 1172.6) after an evidentiary hearing.1 Sandoval argues substantial evidence did not support the court’s finding he is guilty of murder under current law as a major participant in an underlying felony who acted with reckless indifference to human life. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Sandoval and His Codefendants Try To Rob a Hardware Store In the early afternoon of December 17, 2002 Alejandro Viveros drove Jorge Martinez and Sandoval to a hardware store at the corner of an intersection. Martinez and Sandoval each carried a loaded nine-millimeter, semi-automatic handgun. Viveros dropped Martinez and Sandoval at the store, drove a short distance away, and remained with the car. Sandoval walked into the store first and approached the store owner,…