People v. Stewart CA2/4

INTRODUCTION

In 1980, defendant and appellant Carletha Stewart planned the robbery of a Bob’s Big Boy Restaurant that resulted in the execution-style murder of four people in the restaurant’s walk-in freezer. Stewart pled guilty to numerous crimes, including four counts of first degree murder. In 2019, Stewart filed a petition for recall and resentencing under former Penal Code section 1170.95.1 After conducting an evidentiary hearing, the trial court denied her petition, concluding beyond a reasonable doubt she was a major participant in the robbery underlying her murder convictions who acted with reckless indifference to human life. On appeal, Stewart argues the trial court’s determination is unsupported by substantial evidence. We affirm.

PROCEDURAL BACKGROUND

In 1983, Stewart pled guilty to four counts of first degree murder (§ 187, subd. (a)), eight counts of robbery (§ 211), seven counts of assault with a deadly weapon (§ 245, subd. (a)), and one count of conspiracy to commit robbery (§ 182). The trial court sentenced her to 25 years to life in state prison. In 2019, Stewart filed a petition for resentencing under section 1172.6. The trial court appointed counsel on…