P. v. Leite CA3
This appeal comes to us ostensibly pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). In 2006, a jury found defendant Rosann Leite guilty of first degree murder (Pen. Code, § 187, subd (a)). The jury found true special circumstance allegations that defendant was lying in wait with the intent to kill the victim (§ 190.2, subd. (a)(15)) and that defendant engaged in torture with the intent to kill (§ 190.2, subd. (a)(18)).
Defendant filed a petition under section 1170.95 to have her murder conviction vacated and to be resentenced. The prosecutor filed an opposition to the petition, arguing that the special circumstance findings rendered defendant ineligible for resentencing as a matter of law and requesting dismissal of the petition. Defense counsel filed a reply, arguing a prima facie case had been made. The trial court denied the petition, finding defendant ineligible for resentencing based on its review of the record of conviction, including the prior appellate opinion, the
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