People v. Mack CA2/3

Filed 11/18/21 P. v. Mack CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B309396

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA024413) v.

EVYN DELAYNE MACK,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Ronald S. Coen, Judge. Affirmed. Spolin Law and Aaron Spolin for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent. ——————————

A jury convicted Evyn Delayne Mack of numerous crimes in 2003 after he robbed a bank when he was 23 years old. In 2020, Mack filed a motion for a Franklin1 proceeding. The trial court denied the motion, concluding that Mack was ineligible for a youth offender parole hearing under Penal Code2 section 3051, subdivision (h) because he was sentenced pursuant to the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12) and therefore not entitled to a Franklin proceeding. Mack contends that this was error because eligibility for a youth offender parole hearing is not a prerequisite to a Franklin proceeding. For the following reasons, we affirm. BACKGROUND The following facts are taken from the opinion of a different panel of this Division in People v. Washington (2005) 127 Cal.App.4th 290. In April 2002, Mack and his codefendant Mark Johahn Washington committed a take-over robbery of a bank. During the robbery, Mack struck a teller in the face and threatened other bank employees with what appeared to be a handgun wrapped in a bandana. Washington pointed a shotgun at the bank manager’s head, demanding that she open the bank vault. Mack and Washington took the cash from the vault and fled. (People v. Washington, supra, 127 Cal.App.4th at pp. 295–296.) Shortly after the robbery, sheriff’s deputies found Mack and Washington in a house nearby. The deputies recovered $128,835 in cash, including five marked bills the bank previously had