People v. Ontiveros CA4/1

INTRODUCTION

In 2003, Haron Ontiveros was convicted by a jury of conspiracy to commit murder and first degree murder. He was sentenced to prison. Thereafter, Ontiveros filed a petition for resentencing under Penal Code

section 1172.6.1 At the initial hearing, the court dismissed the petition for failing to state a prima facie case for relief. Ontiveros appeals the court’s order denying his section 1172.6 petition without an evidentiary hearing. Because we conclude that Ontiveros is ineligible for relief under section 1172.6 as a matter of law, we affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

The indictment charged Ontiveros (under the name of his a.k.a., “Juan Carlos Delatorre”) and a codefendant, Michael William Flinner, with conspiracy to murder Tamara K. and with her murder. The conspiracy count stated twenty-four overt acts, including: OVERT ACT NO.(12): On or about June 11, 2000, between approximately 1232 hours and 1236 hours [Ontiveros] shot [Tamara K.] in the back of her head in a cul-de-sac located at Monterey Place, Alpine CA.

The murder count included special circumstances of lying in wait and

financial gain as to both Ontiveros and his codefendant.2 In…