Sifuentes

Filed 9/12/22 (see concurring opinion)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,

Plaintiff and Respondent,

A162225

v. MIGUEL GALINDO SIFUENTES, (Alameda County Super. Ct. No. H27160B) Defendant and Appellant.

In 2003, a jury convicted petitioner Miguel Galindo Sifuentes of first degree murder under a felony-murder theory after petitioner’s co-felon killed Deputy Sheriff John Monego during a robbery of an Outback Steakhouse restaurant. The jury found not true the felony-murder special-circumstance allegations against petitioner (Penal Code 1, § 190.2, subd. (a)(17)(A), (G)). In 2019, after the Legislature amended the felony-murder law, petitioner filed a petition for resentencing under former section 1170.95 2, and the trial court issued an order to show cause. (Former § 1170.95, subd. (c).) The parties agreed petitioner could not be convicted of felony murder under current section 189, subdivision (e). The question before the trial court was whether the peace officer exception in section 189, subdivision (f) applied.

All further statutory references are to the…