People v. Larrea CA5

INTRODUCTION

In 2012, a jury convicted defendant Milani Calberta Larrea of murder (Pen. Code, § 187, subd. (a)) and first degree robbery of an inhabited dwelling (§ 212.5, subd. (a)), and the jury found true a robbery-murder special circumstance (§ 190.2, subd. (a)(17)(A)). (Undesignated statutory references are to the Penal Code.) The court sentenced defendant to life in prison without the possibility of parole. Defendant petitioned for recall and resentencing under section 1172.6 in light of the passage of Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437). The court denied the petition without issuing an order to show cause. Defendant previously appealed, challenging the denial of her petition on the grounds the record of conviction did not establish she was ineligible for relief as a matter of law. Our court agreed, reversed the court’s order denying the petition, and remanded with directions for the court to issue an order to show cause and to hold an evidentiary hearing under section 1172.6, subdivision (d)(3). After holding an evidentiary hearing during which defendant testified, the court denied the petition, concluding defendant was the actual killer of the…