People v. Navarro CA2/8

Filed 11/16/21 P. v. Navarro CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B308269

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA082399) v.

FRANCISCO SANDOVAL NAVARRO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Richard M. Goul, Judge. Reversed and remanded with directions. Eric R. Larson, 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, Amanda V. Lopez and Stephanie A. Miyoshi, Deputy Attorneys General, for Plaintiff and Respondent. **********

Defendant and appellant Francisco Sandoval Navarro appeals from the denial of his petition for resentencing pursuant to Penal Code section 1170.95. We reverse and remand with directions to the superior court to issue an order to show cause and hold an evidentiary hearing on defendant’s petition pursuant to section 1170.95, subdivision (d). BACKGROUND On the evening of July 23, 2003, Alvaro S. was hanging out in the courtyard of a Long Beach apartment building with his two sons and four other men. A group of males entered the courtyard. One of the intruding males asked who was “the one fucking with [his] sister” and in short order, a “melee ensued.” More than one of the assailants yelled out “This is BST,” referring to Barrio Small Town, a criminal street gang. Alvaro S. was fatally stabbed in the abdomen during the attack, and two of the other men who had been in the courtyard with him received nonfatal knife wounds. (People v. Navarro (B236494; July 19, 2013) [nonpub. opn.].) Defendant was charged, along with three codefendants, with one count of murder (Pen. Code, § 187, subd. (a)) and two counts of attempted murder (§§ 187, subd. (a), 664, subd. (a)) arising from the gang-related attack. Defendant’s codefendants were three of his fellow BST gang members, one of whom was his brother. (None of the codefendants is a party to this appeal.) At trial, there was no direct evidence presented that defendant wielded the knife that caused the injuries to the victims, or that he knew any codefendant was armed. There was evidence of a partial DNA match to defendant from a beer bottle found in the alley across from the courtyard where the attack occurred. An accomplice testified pursuant to an immunity