People v. Crecy CA1/5

Filed 12/1/21 P. v. Crecy CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, A161419 Plaintiff and Respondent, v. (San Mateo County Super. Ct. No. SC043393A) ANTOINE MAURICE CRECY, Defendant and Appellant.

Antoine Maurice Crecy (appellant) appeals from the trial court’s denial of his petition for resentencing pursuant to Penal Code section 1170.95.1 We reverse and remand. BACKGROUND Appellant’s Record of Conviction In 1999, appellant was convicted, following a jury trial, of two counts of first degree murder (§ 187), and one count each of robbery (§ 212.5, subd. (a)), attempted robbery (§§ 212.5, subd. (a), 664), and burglary (§ 460, subd. (a)). The jury found true felony-murder special-circumstance allegations that the

1 All undesignated section references are to the Penal Code.

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murders were committed while appellant was engaged in a robbery or burglary. (§ 190.2, subd. (a)(17)(A) & (G).) The jury also found true that appellant was armed with a firearm while committing each offense (§ 12022, subd. (a)(1)), but found not true an allegation that appellant personally used a firearm in the commission of the crimes (§ 12022.5, subd. (a)). The underlying summary of the facts is taken from the Court of Appeal opinion affirming the judgment. (People v. Crecy (Feb. 4, 2002, A091674) [nonpub. opn.].) In September 1997, Diane McClanahan deposited an inheritance of approximately $50,000 in her bank account. Two days later, her boyfriend, Winferd Flewellen, drove appellant to Flewellen’s Daly City apartment, where McClanahan was visiting. Appellant was acquainted with the couple because he sold them drugs. Appellant left the apartment that afternoon. In the early morning hours of the next day, neighbors heard gunshots from Flewellen’s apartment. Later that morning, McClanahan’s car was found a few blocks from appellant’s grandmother’s house, where appellant sometimes stayed. Flewellen and McClanahan were found dead in Flewellen’s apartment. Both had been shot at close range and the apartment had been ransacked. The following month, a store clerk who knew appellant as a regular customer witnessed him holding a gun and saying he had killed two people in Daly City. In November, appellant was arrested and made a statement to the police. He said that, during the September drive to Flewellen’s apartment, Flewellen told him about McClanahan’s inheritance and indicated the money was in his bedroom. After appellant left Flewellen’s apartment that afternoon, he told two men about a robbery they could commit. The three went to Flewellen’s apartment, each with a gun. The other two men guarded the victims while appellant unsuccessfully looked for the money in the