People v. Galafate CA5

INTRODUCTION

In 1989, appellant Leny Peterson Galafate and her then-husband, codefendant Roman Galafate III,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 appeal. Thereafter, both defendants filed numerous writ petitions seeking postjudgment relief that were denied by the superior court and this court. The instant appeal involves Leny’s petition for resentencing pursuant to Penal Code2 section 1170.95, filed in 2019. Her petition alleged she was entitled to relief because she was not the actual killer, and her 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. In this appeal, Leny…