Peterson

As part of a negotiated plea agreement, defendant Joanna Lorraine Peterson pleaded guilty to second degree murder and agreed to testify at the trial of her codefendant Scott Varner. Pursuant to the plea agreement, the trial court sentenced her to 15 years to life in prison.

Defendant testified at Varner’s trial. Varner was convicted of first degree murder with special circumstances and sentenced to death. Following defendant’s testimony, however, the prosecutor moved to vacate her plea agreement on the ground that the plea agreement was premised on the truth of her statements, but her false statements created the inference that she had not been an active participant in the murder. The trial court agreed that defendant had made materially false statements and vacated the plea. Thereafter, defendant pleaded guilty to second degree murder and robbery in exchange for a sentence of 17 years to life in prison.

Defendant now challenges the trial court’s ruling vacating her plea, contending (1) the trial court applied the wrong standard of review and the ruling is not supported by substantial evidence; (2) judicial estoppel bars the revocation of the plea agreement; (3)…