People v. Garcia

THE PEOPLE, Plaintiff and Respondent, v. GUILLERMO GARCIA, Defendant and Appellant.

D076212

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

June 11, 2020

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Super. Ct. No. FSB802136-2)

APPEAL from an order of the Superior Court of San Bernardino County, Kyle S. Brodie, Judge. Reversed with directions.

Edward J. Haggerty, under appointment by the Court of Appeal, for Defendant and Appellant.

Jason M. Anderson, District Attorney, and James R. Secord, Deputy District Attorney, for Plaintiff and Respondent.

Xavier Becerra, Attorney General, Thomas S. Patterson, Assistant Attorney General, Tamar Pachter and Nelson R. Richards, Deputy Attorneys General, as Amicus Curiae on behalf of Defendant and Appellant.

I.INTRODUCTION

In 2018, the Legislature passed, and the Governor signed into law, Senate Bill No. 1437 (Senate Bill 1437). Senate Bill 1437 prospectively altered the mens rea requirements for the offense of murder by amending Penal Code sections 188 and 189¹ to restrict the circumstances under which a defendant can be found guilty of murder under the felony-murder rule or under the natural and probable consequences doctrine.² (Stats. 2018, ch. 1015.) Senate Bill 1437 also established a procedure permitting certain qualifying persons who were previously convicted of murder pursuant to the felony murder rule or the natural and probable consequences doctrine to seek retroactive relief. (See § 1170.95.)

In February 2019, Guillermo Garcia filed a petition for resentencing pursuant to section 1170.95. In his petition, Garcia declared that he had been "convicted of [second] degree murder under the natural and probable consequences doctrine or under the [second] degree felony murder doctrine and [he] could not now be convicted of murder because of changes to . . . [section] 188, effective January 1, 2019."

The People filed a motion to strike Garcia's petition on the ground that Senate Bill 1437 is unconstitutional for the following four reasons: (1) Senate Bill 1437 invalidly amended Proposition 7, a voter initiative that increased the punishment for persons convicted of murder (Prop. 7, as approved by voters, Gen. Elec. (Nov. 7, 1978) (Proposition 7)); (2) Senate Bill 1437 invalidly amended Proposition 115, a voter initiative that augmented the list of predicate offenses for first degree felony-murder liability (Prop. 115, as approved by voters, Primary Elec. (June 5, 1990) (Proposition 115)); (3) section 1170.95 violates the separation of powers doctrine; and/or (4) section 1170.95 deprives crime victims of the rights afforded them by the Victims' Bill of Rights Act of 2008, commonly known as Marsy's Law (Prop. 9, as approved by voters, Gen. Elec. (Nov. 4, 2008) (Marsy's Law)). The trial court granted the People's motion to strike Garcia's petition, ruling that section 1170.15 "violates the constitutional rights of victims to 'finality in their criminal cases,' " under Marsy's Law.

In People v. Lamoureux (2019) 42 Cal.App.5th 241 (Lamoureux) and a companion case, People v. Superior Court (Gooden) (2019) 42 Cal.App.5th 270 (Gooden), this court rejected the same challenges to the constitutional validity of Senate Bill 1437 that the People raise in this case.³ Specifically, in Lamoureux, we explained that the retroactive relief provision of Senate Bill 1437 (§ 1170.95) does not violate the rights of crime victims under Marsy's law or contravene separation of powers principles. (Lamoureux, supra, at p. 246.) In Gooden, we concluded that Senate Bill 1437 does not invalidly amend Proposition 7 or Proposition 115. (Gooden, supra, at p. 232.) We agree with Lamoureux and Gooden, and apply those decisions in rejecting the People's challenges to the constitutional validity of Senate Bill 1437. Accordingly, we reverse the trial court's order granting the People's motion to strike and remand the matter with directions to the trial court to consider Garcia's petition in a manner consistent with this opinion.

II.FACTUAL AND PROCEDURAL BACKGROUND

1. The underlying criminal case

We summarized the facts giving rise to Garcia's murder conviction in our prior opinion as follows:

"Defendants Daniel Uruiza, . . . Garcia, and Raymond Sullivan . . . confronted the victim and his friend by declaring their gang affiliation and challenging the victim to a fight. During the confrontation, Uruiza pulled out a knife and stabbed the victim in the neck, killing him." (People v. Uruiza (May 23, 2012, D059014) [nonpub. opn.].)⁴

On or about June 8, 2010, a jury found Garcia guilty of one count of second degree murder (§ 187) (count 1) and one count of active participation in a criminal street gang (§ 186.22, subd. (a)) (count 2). The jury also found true the allegation that the murder was committed for the benefit of, in association with, or at the direction of, a criminal street gang under section 186.22, subdivision (b)(1).

On count 1, the trial court sentenced Garcia to a term of 15 years to life for the murder. The court also imposed, but stayed, a 10-year term for the 186.22, subdivision (b)(1) gang enhancement. With respect to count 2, the court imposed a sentence of two years on the active participation offense, but stayed execution of the sentence pursuant to section 654.

On appeal, this court modified Garcia's sentence by striking the stayed 10-year gang enhancement (§ 186.22, subdivision (b)(1)) and imposing a 15-year minimum parole eligibility period pursuant to section 186.22, subdivision (b)(5). In all other respects, we affirmed the judgment.

2. Garcia's petition for resentencing pursuant to section 1170.95

In February 2019, Garcia, acting in propria persona, filed a form petition for resentencing pursuant to section 1170.95, as outlined in part I, ante.

3. The People's motion to strike

In March 2019, the People filed a motion to strike Garcia's petition on the ground that Senate Bill 1437 is unconstitutional for the reasons outlined in part I, ante.

4. The trial court's order granting the People's motion to strike

After Garcia filed an opposition⁵ and the trial court held a hearing, the court issued a lengthy written order granting the People's motion. In its May 2019 order, the court concluded that "section 1170.95 violates the constitutional rights of victims to " 'finality in their criminal cases. (Cal. Const., art. I, § 28, subd. (a)(6).)' "⁶ The court reasoned in part:

"The Court is also unaware of any authority specifically construing the scope of a victim's right to finality, and the parties have not cited any.

"But if the constitutional right of victims to finality means anything, then it means the [L]egislature cannot grant petitioner the relief he seeks. There is no way to reconcile a victim's interest with section 1170.95. The key facts are undisputed. [Garcia] was properly convicted of murder. His conduct made him responsible for the victim's death under the law, and the evidence was sufficient to prove his guilt. His trial contained no defects which warranted reversing the judgment. He was sentenced consistently with the law in effect at the time of his actions. The victim's family was entitled to rely on the integrity of that judgment."

The trial court did not address the People's other arguments against the constitutional validity of Senate Bill 1437.

5. The appeal

Garcia timely appealed the trial court's order granting the People's motion to strike. On appeal, the San Bernardino County District Attorney appeared as lead counsel for the People, pursuant to an agreement with the Attorney General.⁷

The Attorney General filed an amicus brief in support of Garcia in which the Attorney General takes the position that Senate Bill 1437 is constitutional.

III.DISCUSSION

A. The trial court erred in concluding that section 1170.95 violates Marsy's Law

Garcia claims that the trial court erred in concluding that section 1170.95 violates Marsy's Law. We agree.

In Lamoureux this court concluded that section 1170.95 does not violate the rights of crime victims under Marsy's law. (Lamoureux, supra, 42 Cal.App.5th at pp. 264-266.) The Lamoureux court reasoned in part:

"Marsy's Law established a victim's right to a 'prompt and final conclusion' to postjudgment proceedings. [Citation.] And, in furtherance of that right, it substantially amended Penal Code provisions pertaining to parole. [Citations.] But it did not foreclose post-judgment proceedings altogether. On the contrary, it expressly contemplated the availability of such postjudgment proceedings, including in section 28, subdivision (b)(7) of the Constitution, which affords victims a right to reasonable notice of 'parole [and] other post-conviction release proceedings,' and in subdivision (b)(8), which grants victims a right to be heard at 'post-conviction release decision[s] . . . .'

"Both the Legislature and courts have recognized that victims may exercise these rights during postjudgment proceedings that existed at the time the electorate approved Marsy's Law, as well as postjudgment proceedings that did not exist when Marsy's Law was approved. [Citations.] It would be anomalous and untenable for us to conclude, as the People impliedly suggest, that the voters intended to categorically foreclose the creation of any new postjudgment proceedings not in existence at the time Marsy's Law was approved simply because the voters granted crime victims a right to a 'prompt and final conclusion' of criminal cases. (Cal. Const., art. I, § 28, subd. (b)(9).)" (Id. at pp. 264-265.)

The Lamoureux court also concluded that section 1170.95 does not violate California Constitution, article I, section 28, subdivision (a)(6). The Lamoureux court...