People v. Villegas CA2/7

INTRODUCTION

Hector Rodolfo Villegas appeals from the superior court’s order denying his petition under Penal Code section 1170.95. 1 In our prior opinion we affirmed the superior court’s ruling, after which Villegas successfully petitioned the Supreme Court for review. The Supreme Court transferred the case to us with directions to vacate our earlier opinion and reconsider our decision in light of Senate Bill No. 775 (Stats. 2021, ch. 551), which, among other things, confirmed that the standard of proof at the hearing on an order to show cause under section 1170.95 is proof beyond a reasonable doubt. Because the trial court applied, in the alternative, that standard of proof, we vacate our earlier opinion and again affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. A Jury Convicts Villegas of Murder, and We Affirm At 2:30 a.m. on April 14, 1997, 20-year-old Villegas, in a stolen car, led police officers on a 10-mile high-speed chase, driving 85 miles per hour through residential neighborhoods in several cities. During the chase Villegas drove on the wrong side of the road, ran at least two stop signs and two red lights, and nearly collided with a city bus. The chase ended when he…