People v. Ramos CA5

INTRODUCTION

Petitioner Jesus Ramos petitioned the superior court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on his conviction for first degree murder (§ 187). The superior court conducted an evidentiary hearing and denied the petition after finding beyond a reasonable doubt that petitioner was a major participant in the underlying felony who acted with reckless indifference to human life, and also aided and abetted in the murder with intent to kill. On appeal, petitioner contends substantial evidence does not support the trial court’s findings, and the court abused its discretion in failing to consider petitioner’s youth at the time of the offense in determining whether he was eligible for relief. We affirm.

FACTUAL BACKGROUND

Our factual summary is taken from the transcript of the preliminary hearing for petitioner and his two codefendants, Juan Vargas and Rogelio Morales, Jr. On December 28, 1997, at approximately 7:51 a.m., Madera County Sheriff’s Deputy M. Schafer was dispatched regarding a suspicious vehicle in an orchard. Dispatch advised that the vehicle was seen in the orchard with the vehicle running and the lights on, but…