People v. Larkin CA2/2

Filed 8/28/25 P. v. Larkin CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B341283

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. XSCTA152746) v.

ELIJAH FRITZ LARKIN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Sean D. Coen, Judge. Reversed with instructions. Jonathan E. Demson, 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, Assistant Attorney General, Steven D. Matthews and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent. ________________________

INTRODUCTION Defendant Elijah Fritz Larkin is currently serving a 10- year prison term, nine years of which are on account of his conviction, after a no contest plea, for attempted murder. He appeals the summary denial of his petition for resentencing pursuant to Penal Code section 1172.6.1 The People concede error. We accept their concession and reverse with instructions to conduct another prima facie hearing (§ 1172.6, subd. (c)) on Larkin’s petition. PROCEDURAL BACKGROUND Aside from a confidential probation report, which is generally considered not relevant to proceedings such as these (see, e.g., People v. Gaillard (2024) 99 Cal.App.5th 1206, 1209, fn. 3), the record does not disclose the facts giving rise to Larkin’s convictions. What it does reflect is that, in April 2021, Larkin pled no contest to two of the seven counts with which he had been recently charged: attempted murder (§§ 187, subd. (a), 664), not willful, deliberate, or premeditated; and willful infliction of corporal injury on a victim with whom Larkin was in a dating relationship (§ 273.5, subd. (a)). Larkin admitted none of the enhancements alleged against him (e.g., personal use of a firearm) nor any of the prior strikes. The remaining counts were dismissed as part of the plea.