People v. Lavera CA2/4

INTRODUCTION

In 1989, a jury convicted defendant and appellant Todd Lavera of two counts of first degree murder under a felony murder theory of liability. In 2019, he filed a petition for recall and resentencing under former Penal Code section 1170.95.1 The trial court denied the petition, concluding that although Lavera was convicted under a felony murder theory, a review of the facts contained in the record of conviction showed, as a matter of law, he was not entitled to relief because he was a major participant in the underlying robberies who acted with reckless indifference to human life. The court made this factual determination without first issuing an order to show cause or holding an evidentiary hearing. Lavera appealed, and in case number B305936, we remanded the matter to the trial court with directions to issue an order to show cause and hold a section 1172.6, subdivision (d) evidentiary hearing to determine whether Lavera was entitled to relief. On remand, following an evidentiary hearing, the trial court denied the petition, concluding Lavera should be punished for both murders on two independent grounds: (1) as a major participant in the robberies who acted with…