People v. Farfan CA2/2

Filed 4/28/25 P. v. Farfan CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO THE PEOPLE, B337498

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA136699) v.

JOSUE FARFAN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Carol J. Najera, Judge. Affirmed. George L. Schraer, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Scott A. Taryle and Daniel C. Chang, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

In July 2016, a jury convicted Josue Farfan of murder and found true a robbery-murder special circumstance. In 2023, he petitioned for resentencing under Penal Code section 1172.6.1 The trial court denied his petition at the prima facie stage. This was correct, so we affirm. FACTS AND PROCEDURAL BACKGROUND I. Facts2 Kamell Heno was a delivery driver for a company that bought and sold cigarettes. On the morning of December 4, 2014, Heno drove a large truck to pick up $217,000 worth of cigarettes, which he was scheduled to take to a store in La Verne. He never made it to that store. That afternoon, Heno’s truck was found parked on South Grand Avenue in Los Angeles. It contained about 10 percent of the cigarettes he had picked up that morning. Heno was found dead on the floor of the truck with a red stained cloth over his head and his face wrapped in duct tape that covered his eyes and mouth, touching the bottom of his nose. He had two projectile head wounds from a BB gun and multiple abrasions, lacerations, and bruises on his head, neck, and upper extremities. An autopsy showed that the cause of death was asphyxiation. Before December 4, appellant, his wife, and his brother Edgar Farfan (Edgar) planned to rob a delivery truck of its cargo