People v. Maraglino CA4/1

── People v. Maraglino CA4/1 ── Court: California Court of Appeal Date: June 03, 2026 Category: General Filed 6/3/26 P. v. Maraglino CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, D084191 Plaintiff and Respondent, v. (Super. Ct. No. SCN304686) DOROTHY GRACEMARIE MARAGLINO, Defendant and Appellant. APPEAL from an order of the Superior Court of San Diego County, Robert J. Kearney, Judge. Affirmed. Robert L.S. Angres, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Arlene A. Sevidal, Assistant Attorney General, Stephanie H. Chow and Anne Spitzberg, Deputy Attorneys General, for Plaintiff and Respondent.  INTRODUCTION Dorothy Gracemarie Maraglino was sentenced to prison in 2015 after a jury found her guilty of kidnapping, conspiracy to commit kidnapping, and first-degree felony murder with a kidnapping special circumstance. She appeals the trial court’s order denying her petition to vacate the murder conviction and to resentence her on the other convictions under former section 1170.95 of the Penal Code,1 now section 1172.6. The trial court based its denial on the determination the evidence proved beyond a reasonable doubt that Maraglino was a major participant in the kidnapping of the victim and acted with reckless indifference to human life. She argues the evidence presented at the evidentiary hearing was insufficient to support that determination. We conclude otherwise and affirm. FACTUAL AND PROCEDURAL BACKGROUND I. Convictions and Trial Evidence Following the death of Brittany Killgore, in 2015 a jury convicted Maraglino, as well as her codefendants Louis Ray Perez and Jessica Lynn Lopez, of first degree murder (§ 187, subd. (a); count 1); kidnapping (§ 207, subd. (a); count 3); torture (§ 206; count 4); and attempted sexual battery by restraint (§§ 243.4, subd. (a) & 664; count 5). As to all three defendants, the jury found true the special circumstance that the murder was committed during a kidnapping (§ 190.2, subd. (a)(17)(B)). The jury also convicted Perez and Maraglino of conspiracy to commit kidnapping (§§ 182, subd. (a)(1) & 207; count 2), but it acquitted Lopez of this charge. The trial court 1 Further unspecified statutory references are to the Penal Code. 2 sentenced Maraglino to prison for life without the possibility of parole for the murder conviction and to determinate terms for the other convictions. Maraglino (as well as Perez and Lopez) appealed, challenging the sufficiency of the evidence supporting each of her convictions and raising other claims of error. On December 29, 2017, we issued our opinion reversing her convictions on count 4 (torture) and count 5 (attempted sexual battery by restraint) for insufficient evidence and otherwise affirming the judgment against her. (People v. Maraglino (Dec. 29, 2017, D069297, D069609) [nonpub. opn.].) The following summary of the trial evidence underlying Maraglino’s convictions is taken from that opinion.2 “On April 13, 2012, Perez picked up Killgore from her apartment under the pretext of taking her on a dinner cruise. Ten minutes later, Killgore sent her friend a text message saying, ‘Help.’ Four day