People v. Palaminos CA5

INTRODUCTION

On July 3, 2006, appellant and defendant Antonio Preciado Palaminos (defendant) killed a family of five people. He was driving a truck and trailer rig which he had just stolen, went through a stop sign, hit their vehicle, and fled the scene. In 2007, defendant was convicted after a bench trial of five counts of second degree murder, five counts of gross vehicular manslaughter while intoxicated with special allegations for leaving the scene, two counts of vehicle theft, hit and run, driving without a license, and other offenses. In 2008, defendant was sentenced to four years plus 75 years to life. The judgment was affirmed on appeal. (People v. Palaminos (Apr. 30, 2009, F054625) (Palaminos I).)1 Defendant has filed two prior petitions for resentencing pursuant to the amendments enacted by Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437) and, later, Senate Bill No. 775 (2021–2022 Reg. Sess.) (Senate Bill 775). The trial court denied both petitions because he was convicted as the actual killer, and this court affirmed those rulings on appeal. (People v. Palaminos (Mar. 5, 2021, F080169) (Palaminos II); People v. Palaminos (Feb. 21, 2023, F084305)…