People v. Victor CA4/1

I.

Background2 Victor and Jose Flores were hired by Larry Tasa to kill Tasa’s wife, Rebecca. Victor and Flores entered the Tasas’ home, ransacked it to give the appearance of an interrupted burglary, and waited for Rebecca to come home. When she arrived, Victor and Flores slit her throat and killed her. They left with the jewelry she wore. In 1998, a jury convicted Victor of first degree murder (§ 187, subd. (a)), conspiracy to commit murder (§ 182, subd. (a)(1)), and burglary (§ 459). The jury also found two special circumstances, that the murder was committed by means of lying in wait (§ 190.2, subd. (a)(15)) and for financial gain (§ 190.2, subd. (a)(1)), to be true. Victor was sentenced to life without the possibility of parole.

Further undesignated statutory references are to the Penal Code.

Our summary of the background facts is taken from the probation report and is provided for context only. We do not rely on this summary. (See People v. Del Rio (2023) 94 Cal.App.5th 47, 56 [“Ordinarily, a probation officer’s report is not part of the record of conviction.”].)

II.

Section 1172.6 Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437), effective…