People v. Galafate CA5

INTRODUCTION

In 1989, appellant Roman Galafate III (Roman) and his then-wife, codefendnat Leny Petersen Galafate (Leny),1 were convicted after a joint jury trial of count 1, first degree premeditated murder, with the special circumstance that the murder was intentional and carried out for financial gain; and count 2, conspiracy to commit murder for financial gain. They were both sentenced to life in prison without the possibility of parole for count 1, with a stayed term of 25 years to life for count 2. In 1991, this court affirmed defendants’ convictions and sentences on direct appeal. The instant appeal involves Roman’s petition for resentencing filed pursuant to Penal Code2 section 1170.95 in 2019, that alleged he was entitled to relief because he was not the actual killer, and his murder conviction was based on the felony-murder rule and/or the natural and probable consequences doctrine. The superior court appointed counsel and the parties submitted briefing. The court summarily denied the petition without holding a hearing. On appeal, Roman’s appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to…