LOS ANGELES - A Palmdale mother convicted of torturing and murdering her 8-year-old son, Gabriel Fernandez, has filed a petition to have her murder conviction vacated and be resentenced.
Pearl Fernandez, now 37, filed a petition under California's Penal Code 1170.95. She is currently serving a life sentence without the possibility of parole.A hearing on the petition for re-sentencing is set for June 1 before Los Angeles Superior Court Judge George G.
Lomeli.Penal Code 1170.95 allows those convicted of murder under a natural and probable consequences theory to file for resentencing.
In her petition, Fernandez declares changes made to Penal Codes 188/189 in 2019, which alter how malice is imputed on someone, that would possibly alter her.