People v. Sandoval CA4/1

INTRODUCTION

In 2007, Steve Sandoval, Jr. pleaded guilty to voluntary manslaughter in connection with the fatal stabbing of 18-year-old Michael Thomas Owens. After the enactment of Senate Bill No. 1437 (2017–2018 Reg. Sess.), Sandoval filed a petition to vacate his voluntary manslaughter conviction and to be

resentenced under former Penal Code section 1170.95.1 The trial court found the record of conviction precluded relief as a matter of law. Therefore, it denied the petition without issuing an order to show cause. Sandoval appeals the denial order and contends the record of conviction does not foreclose relief as a matter of law. We affirm. II

BACKGROUND

A. Factual Background2 On September 22, 2003, the victim, Owens, and two companions went to a park in Chula Vista to shoot a paintball gun. At the park, they encountered a group of Hispanic men tagging “Westside Locos” on park property. Four of the men confronted Owens and his companions, asking them where they were from and what they were doing there. One companion said they were not from anywhere and they were there to shoot a paintball gun. One of the four men punched the companion in the face several times and another…