Scott Peterson's death penalty sentence may have been reversed, but the convicted murderer's family believes he could die in prison soon anyway due to COVID-19 ... and they're pushing for a transfer.
Peterson's attorney, Cliff Gardner, tells TMZ ... Scott's family is majorly concerned for his health following the widespread and deadly coronavirus outbreak at San Quentin State Prison.
Peterson's currently locked up at San Quentin, and in the last month, the prison reportedly saw cases surge with up to two-thirds of the prison getting infected. It currently leads California's prison system in infections and deaths.
With those grim numbers in mind, Gardner says his goal is to place Peterson in the safest possible prison permitted under California law to ensure his safety.
However, according to California prison officials ... there's no plans to move him, and he'll be staying put at San Quentin for now.
As we reported ... the California Supreme Court reversed Peterson's death penalty sentence for murdering his wife and unborn child in 2002 on Christmas Eve. The Court ruled the trial judge in the case made an error in dismissing prospective jurors.
A spokesperson for the Stanislaus County D.A. tells us the office now must decide whether to try and reinstate the death penalty or accept life in prison without the possibility of parole. The California Supreme Court threw out the death penalty because jurors who were inclined to oppose it were unfairly eliminated from the jury pool.