People v. Prado CA2/6

Filed 5/21/25 P. v. Prado CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B334750 (Super. Ct. No. BA159466) Plaintiff and Respondent, (Los Angeles County)

v.

MARK PRADO,

Defendant and Appellant.

Mark Prado appeals an order denying his petition for recall and resentencing pursuant to Penal Code section 1170, subdivision (d)(1)(A)1. The statute provides relief to juvenile offenders who were “sentenced to imprisonment for life without the possibility of parole” (LWOP). (§ 1170, subd. (d)(1)(A) (§ 1170(d)(1)(A)).) Appellant was sentenced to prison for an

1 All statutory references are to the Penal Code.

aggregate term of 60 years to life for two murders he committed as a juvenile. The Attorney General concedes appellant’s petition was erroneously denied. However, we conclude appellant is ineligible for section 1170(d)(1)(A) relief because an aggregate sentence of 60 years to life for a double homicide is not functionally equivalent to LWOP. We will affirm. FACTUAL AND PROCEDURAL BACKGROUND When appellant was 14, he shot and killed two people. In 1999 a jury convicted him of one count of first degree murder and one count of second degree murder. (§§ 187, subd. (a), 189.) It found true allegations he had personally used a firearm in the commission of both murders. (§ 12022.5, subd. (a).) He was sentenced to 25 years to life for the first degree murder plus 10 years for the firearm enhancement, and a consecutive term of 15 years to life for the second degree murder plus 10 years for the firearm enhancement. Appellant petitioned for recall and resentencing in May 2023 pursuant to section 1170(d)(1)(A) and People v. Heard (2022) 83 Cal.App.5th 608 (Heard). Section 1170(d)(1)(A) provides: “When a defendant who was under 18 years of age at the time of the commission of the offense for which the defendant was sentenced to imprisonment for life without the possibility of parole has been incarcerated for at least 15 years, the defendant may submit to the sentencing court a petition for recall and resentencing.” Heard held denying section 1170(d)(1)(A) relief to juvenile offenders serving de facto LWOP violates equal protection. The trial court denied appellant’s petition in a 20-page order finding appellant “does not qualify for relief under the