People v. Player

Summary

The California Court of Appeal affirmed the denial of Lavell Tyrone Player’s petition for resentencing under Penal Code section 1172.6. The court held that prior jury findings that firearm-use and robbery-special-circumstance allegations were not true did not collaterally estop the resentencing court from finding Player was the actual killer, relying on People v. Santamaria and People v. Hart. The court also concluded substantial evidence supported the actual-killer finding and therefore did not address the alternative major-participant and reckless-indifference theory.

Holdings

1. The jury's not-true findings on the personal-firearm-use enhancement and the robbery special circumstance did not collaterally estop the resentencing court from finding that Player was the actual killer.
2. Substantial evidence supported the resentencing court's finding beyond a reasonable doubt that Player was the actual killer.
3. Substantial-evidence review, not independent review, applies to a resentencing court's factual determination whether the petitioner is guilty of murder beyond a reasonable doubt at a section 1172.6 evidentiary hearing.

Questions Presented

1. Whether the jury's not-true findings on the personal-firearm-use enhancement and robbery special circumstance collaterally estopped the section 1172.6 resentencing court from finding Player was the actual killer.
2. Whether substantial evidence supported the resentencing court's finding beyond a reasonable doubt that Player was the actual killer.
3. Whether substantial evidence supported the alternative finding that Player was a major participant in the robbery who acted with reckless indifference to human life.
4. Whether independent review, rather than substantial-evidence review, governed the resentencing court's factual findings because the court relied on a cold trial record.

Disposition

affirmed