People v. Leggett CA4/1

INTRODUCTION

Mieko Michelle Leggett appeals from the summary denial of her petition to vacate a first degree murder conviction under Penal Code section

1170.95.1 The trial court found she was not entitled to relief because the record of conviction, including the jury’s true finding on a robbery-murder special circumstance and the appellate opinion from the direct appeal, established she was a major participant in the underlying felony who acted with reckless indifference to human life. Leggett asserts the jury’s special circumstance finding does not preclude relief and the court erred by relying on the previous appellate opinion and resolving factual disputes without issuing an order to show cause. She also contends her attorney provided ineffective assistance of counsel by failing to object to the court’s consideration of the appellate court opinion. We follow this court’s recent decisions in People v. Wilson (2021) 69 Cal.App.5th 665 (Wilson) (Irion, J., O’Rourke, Acting P. J., Guerrero, J.) and People v. Arias (2021) 66 Cal.App.5th 987 (Arias) (McConnell, P. J., Dato, J., Guerrero, J.), and conclude the felony-murder special circumstance finding, which was made prior to…