People v. Pantoja CA5

INTRODUCTION

Petitioner Daniel Pantoja petitioned the superior court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on his conviction for first degree murder (§ 187). The superior court conducted an evidentiary hearing and denied the petition on the grounds petitioner was a major participant in the underlying felony who acted with reckless indifference to human life and, alternatively, directly aided and abetted in the murder with intent to kill. On appeal, petitioner argued the evidence was insufficient to support the superior court’s findings that he was a major participant, acted with reckless indifference, and acted with intent to kill. We initially determined substantial evidence supported the court’s finding that petitioner was a major participant in the underlying felony who acted with reckless indifference to human life. On that basis, we affirmed. Our Supreme Court granted petitioner’s petition for review (S281228) and transferred the matter to us with directions to vacate our opinion and reconsider the cause in light of People v. Emanuel (2025) 17 Cal.5th 867 (Emanuel). In accordance with the direction from the Supreme Court, we…