People v. Rivas CA2/7
Opinion
Opinion
INTRODUCTION
David Ignacio Rivas appeals from the superior court’s denial of his petition for resentencing pursuant to Penal Code section 1172.6.1 The superior court conducted an evidentiary hearing and determined the People proved beyond a reasonable doubt he was a major participant in the underlying felony and acted with reckless indifference to human life. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On January 11, 1993, Anthony Noriega was killed by a single shotgun blast to the head in Diana Esperon’s living room. Noriega was driven to Esperon’s home by Elisio Reynoso. At the time of the shooting, Esperon was home with her daughter, her roommate John Gonzalez, and her friend Kathleen Kong. Adrian Garibay, Jason Montoya, and Rivas were charged with Noriega’s murder, robbery, attempted murder of Reynoso, and attempted robbery.
A. Trial Proceedings In 1995, Garibay, Montoya, and Rivas were tried together. The People’s theory at trial was that Esperon asked the three defendants to help her rob Noriega in a false drug deal. Esperon did not testify at trial or at the preliminary hearing.
All further references are to the Penal Code unless otherwise specified.