People v. Garcia, A161579, A161644

83 Cal.App.5th 240

299 Cal.Rptr.3d 398

The PEOPLE, Plaintiff and Respondent,

v.Alejandro GARCIA, Defendant and Appellant.

The People, Plaintiff and Respondent,

v.James Earl Scott, Defendant and Appellant.

A161579, A161644

Court of Appeal, First District, Division 5, California.

Filed: September 13, 2022

As Modified on Denial of Rehearing October 10, 2022

Certified for Partial Publication.^*

Kathy R. Moreno, Solomon Wollack, Pleasant Hill; By Appointment of the First District Court of Appeal under the First District Appellate Project, for Appellants.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Jeffrey M. Laurence, Senior Assistant Attorney General, Catherine A. Rivlin, Supervising Deputy Attorney General, and Bruce M. Slavin, Deputy Attorney General, for Respondent.

WISEMAN, J.^**

Appellants Alejandro Garcia and James Earl Scott appeal final judgments following a jury trial for murder and kidnapping. Appellants argue that the trial court erred in denying a motion for mistrial made following a mandatory 103-day midtrial delay as a result of court closure orders issued due to public health concerns related to COVID-19. Under the unique circumstances of this case, which include the timing of the continuance, the relative lack of complexity of the case, and the trial court's communications with and instructions to the jury, we find no error.

Scott further argues that he is entitled to resentencing based on a recent amendment to Penal Code section 654.¹ Although we agree this amendment applies retroactively, we conclude that amended section 654 does not grant the trial court discretion to essentially "strike" the special circumstance finding and reduce Scott's sentence to anything less than life without the possibility of parole. As a result, there is no reason to remand Scott's case for resentencing.

In the unpublished portions of this opinion, we address Scott's contentions that his sentence to life without the possibility of parole constitutes cruel and unusual punishment and violates his right to equal protection. We also address Garcia's arguments that his inability to accept a package plea deal offered to him and Scott violated his right to due process and that the verdict rendered against him was coerced. We find no error and affirm the judgments.

I. BACKGROUND

A. Procedural History

Appellants were charged with the murder and kidnapping of Reynaldo Vazquez. Scott was also charged with robbery and a special circumstance of felony murder in the course of kidnapping. ( Penal Code, § 190.2, subd. (a)(17)(B).) Scott was further charged with a special allegation that he personally and intentionally discharged a firearm that caused great bodily injury and death. Garcia was charged with the commission of an offense in which the principal was armed with a firearm ( § 12022, subd. (a)(1) ) and a special allegation that he was a major participant in a felony and acted with reckless indifference to human life. ( § 189, subd. (e)(3).)

On January 29, 2020, jury selection began. On March 2, 2020, trial commenced. On July 2, 2020, the jury found Garcia guilty of first degree murder and kidnapping but did not find true the firearm allegation. The jury found Scott guilty of first degree murder, kidnapping, and robbery, and found true the kidnapping special circumstance. It also found true the firearm allegation on the murder and kidnapping counts.

The trial court sentenced Garcia to 25 years to life on the murder count and stayed the sentence on the kidnapping count. The trial court sentenced Scott to statutory life without the possibility of parole on the murder count based on the special circumstance finding. The court sentenced Scott to a middle term of five years on the kidnapping count, with an additional 25 years based on the firearm enhancement and three years based on the great bodily injury enhancement. The court stayed this 33-year-to-life sentence. The court also sentenced Scott to one year on the robbery count, and eight months on the firearm possession count. These sentences were also stayed.

Appellants filed separate appeals. After opening briefs were filed, this court granted the People's unopposed motion to consolidate the two appeals.

B. Factual History

1. The Shop and The Parties Involved

The relevant events center around an automobile mechanics shop in East Oakland that was converted to a marijuana grow house. Garcia, Louis Velasco, Carlos Vera, Faustino Becerra, and Armani Miller were all friends or acquaintances who assisted in the marijuana operation at the shop. Garcia and Velasco were close friends who hung out almost every night and slept at the shop. Velasco knew Scott from juvenile hall but did not consider him a friend. Scott visited the shop occasionally to cut marijuana. Vera viewed him as an outsider because he was the only African American in a Latino social group.

Vera lived near the shop and became friends with Garcia. They hung out at Vera's house, the shop, or the park. Vazquez lived across the street from Vera and was good friends with him. The two of them hung out on a daily basis. Miller was also previously good friends with Vazquez, but their friendship deteriorated after Vazquez shorted him on proceeds from a burglary they had committed together. Miller was then sent to a group home in Iowa and when he returned, he no longer hung out with Vazquez.

Vazquez was known to be in the business of committing robberies and had problems with numerous people, including Garcia. Vazquez had sold his Mercedes to Garcia in exchange for marijuana. Issues arose after Vazquez later stole marijuana plants from the Mercedes and then separately confronted Garcia outside of Vera's house as to why Garcia had not changed the registration name on the Mercedes yet. Vera was present and heard Vazquez say, "I'm going to fuck [Garcia] up." Vera told Vazquez not to do anything.

2. The Incident at the Park

About a week prior to the murder, Garcia, Miller, and Becerra were sitting on a park bench smoking marijuana. A car drove by and shots were fired at them. No one was hurt, but a bullet passed through Garcia's pants leg. The group believed that Vazquez was responsible for the shooting.

Garcia, Miller, and Becerra returned to the shop to get guns and then drove off in Garcia's car to find Vazquez. Miller testified that he was prepared to shoot Vazquez if he found him. They chased down a car they believed was Vazquez's but saw that Vazquez was not in it. They then returned to the shop. The three of them were angry and told Velasco afterwards that they were going to get Vazquez back.

3. The Kidnapping and Murder

On the night of the murder, Vera, Miller, and Velasco were hanging out in front of Vera's house while Garcia, Scott, and Becerra were at the shop. Miller saw Vazquez leave his house and said, "Let's get him." Miller and Velasco ran to the shop and told Garcia, Scott, and Becerra that Vazquez was in the area. The group then positioned themselves to surround Vazquez after he walked out of a nearby store. Miller and Becerra approached Vazquez from either side. Miller and Velasco testified that Scott approached Vazquez from behind with a gun. Vera was still in front of his house and saw Scott point a gun to the back of Vazquez's head.

The group escorted Vazquez into the shop and closed the door. Once inside, Scott and Becerra pistol-whipped Vazquez. Vazquez begged for his life and pleaded with them not to do this because he had a daughter.² Garcia, Scott, and Becerra tied Vazquez up with a rope while he was face down on the floor. Becerra then dragged Vazquez around the shop while he laughed and poured a liquid chemical on his face.

At this point, Garcia told Velasco to get Garcia's car and back it up to the shop's entrance. The two of them, along with Scott and Becerra then shoved Vazquez into the trunk. Scott pistol-whipped Vazquez as he tried to prevent the trunk from closing. Once the trunk was closed, Vera suggested a place they could take Vazquez. Velasco no longer wanted to participate and refused to go. Scott or Becerra told him to stay behind to clean up the blood in the shop.

Vera and another friend drove to a dark area in the Oakland Hills in one car while Garcia, Scott, and Becerra followed them in Garcia's car. When they stopped and opened the trunk, Vazquez pleaded with them to let him go, got out of the trunk, and briefly scuffled with Garcia. Scott then pointed a gun to Vazquez's head and backed him into a grassy area about 10 to 15 feet away. Everyone else stayed by the trunk. Vera then heard a gunshot, saw Vazquez drop to the ground, and saw Scott shoot Vazquez twice more in the head. Everyone got back into their cars and left. The following morning, a passing cyclist discovered Vazquez's body.

4. Charges and Pleas

Appellants, Miller, Vera, and Velasco were charged with murder. They were also initially charged with the special circumstance of murder in the commission of a kidnapping. Miller was additionally charged with the special circumstance of murder in the commission of a robbery. Scott was charged with discharging a firearm that caused great bodily injury and death. Garcia, Miller, Vera, and Velasco were charged with the commission of an offense in which a principal was armed with a firearm.

Soon after jury selection began, Vera, Miller, and Velasco all agreed to plead guilty to second degree murder with the understanding that this would be reduced to voluntary manslaughter if they testified truthfully at trial. The prosecutor offered appellants a package plea deal of 15 years to life for second degree murder. Garcia wanted to accept the offer but Scott did not, and the prosecutor was unwilling to sever these remaining two defendants. Appellants therefore proceeded to trial.

5. Trial, Delay, and Motion for Mistrial

On March 2, 2020, witness testimony began and lasted for eight days. On March 12, 2020, both parties rested. The jury was scheduled to return on March 17, 2020 to...