P. v. Santisteven CA2/7
Peter Santisteven pleaded guilty in 2007 to first degree felony murder. In January 2019 Santisteven petitioned for resentencing pursuant to Penal Code section 1170.95. The superior court denied the petition after appointing counsel for Santisteven and holding an evidentiary hearing, finding Santisteven ineligible for resentencing because he was a major participant in the underlying robbery and acted with reckless indifference to human life. Because the court used an incorrect standard of proof in finding Santisteven ineligible for resentencing (substantial evidence rather than proof beyond a reasonable doubt), we reverse and remand for a new evidentiary hearing applying the correct standard.
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