Sep. 13, 2022 – People v. Sifuentes (1st Dist., Div. 4, A162225)

The Court of Appeal affirms the denial of a PC 1172.6 petition where the victim was a peace officer. The court reasons that the peace officer exception to PC 189(f) applies because, though defendant was not the actual killer, he should have known at the time of the killing that the victim was a peace officer engaged in the performance of his duties. The court also finds that the trial court appropriately held an evidentiary hearing in order to determine whether the peace officer exception applied.