A judge this week rejected a resentencing request by a Palmdale woman who pleaded guilty to first-degree murder in the death of her 8-year-old-son, who died after months of beatings, starvation and torture, including being forced to eat cat feces and sleep handcuffed in a small wooden drawer.
Pearl Sinthia Fernandez, 37, was sentenced to life in prison without parole three years ago for her role in Gabriel Fernandez’s 2013 murder. Her boyfriend, Isauro Aguirre, 40, was sentenced to death. His automatic appeal to the California Supreme Court is pending.
As part of her February 2018 plea, Fernandez gave up her right to appeal. But in a petition filed April 1, she asked the judge to review her sentence in light of recent changes to state law that affects some people convicted of murder under theories that do not require intent to kill, including felony murder or murder under what’s known as a natural and probable consequences theory.
Fernandez indicated in the petition that she was not her son’s actual killer and did not act with intention to kill or assist in his killing. She also checked a box stating she was not a major participant in the crime or did not act with reckless disregard to human life during the course of the crime.
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