People v. Frazier CA2/3

Filed 11/2/20 P. v. Frazier CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B300037

Plaintiff and Respondent, Los Angeles County Super. Ct. No. VA128849 v.

JAHMAL LYDEL FRAZIER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Raul A. Sahagun, Judge. Affirmed.

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent. _________________________

BACKGROUND In 2013 the People filed an information charging defendant and appellant Jahmal Lydel Frazier with the murder of Roshan Bhandari on April 5, 2011. The People alleged special circumstances of (1) lying in wait (Pen. Code, § 190.2, subd. (a)(15))1 and (2) that Bhandari was a witness to a crime and “was intentionally killed because of that fact.” (§ 190.2, subd. (a)(10).) The People alleged Frazier personally and intentionally discharged a firearm causing Bhandari’s death (§ 12022.53, subd. (d)), as well as other firearm enhancements. In August 2014, the prosecution announced it was seeking the death penalty in the case. After years of pretrial proceedings, the case went to trial in February 2019. On April 16, 2019, the jury returned a verdict finding Frazier guilty of first degree murder. The jury also found the special circumstances and section 12022.53, subdivision (d) allegations true. A day later—before the penalty phase began—counsel told the court that Frazier, through counsel, had “made an offer to settle this case regarding a waiver of all appellate issues in exchange for [the prosecution] taking death off the table.” The prosecutor said the District Attorney herself had approved the disposition and the People were “going to accept that offer.” That afternoon, after some further discussion, the prosecutor explained to Frazier the terms of the plea agreement the parties had reached. At the outset, the prosecutor told Frazier, “If you have any questions and you need to talk to your counsel, please let me know. . . . If you have any questions of . . . your counsel and the court, please feel free to ask; okay?” Frazier responded, “Okay.”