People v. Falcon CA2/8

Filed 12/13/21 P. v. Falcon CA2/8 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B296392

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA046170) v.

CHRISTOPHER ROBERT FALCON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Kathleen Blanchard, Judge. Reversed and remanded with instructions.

Carlo Andreani, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra and Rob Bonta, Attorneys General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and Michael C. Keller, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

This is a remand from the California Supreme Court. On November 9, 2020, we affirmed the denial of appellant’s petition for resentencing brought pursuant to Penal Code section 1170.95.1 On December 10, 2020, appellant filed a petition for review. On September 22, 2021, the Supreme Court transferred the matter to us with directions to vacate our decision and reconsider the cause in light of People v. Lewis (2021) 11 Cal.5th 952 (Lewis). (Cal. Rules of Court, rule 8.528(d).) We invited the parties to file supplemental briefs, which we have reviewed. We have reconsidered our opinion and now vacate our decision, reverse the trial court, and remand the matter with directions to proceed under section 1170.95, subdivision (c).

FACTUAL AND PROCEDURAL BACKGROUND A. The Plea On April 4, 2011, appellant Christopher Falcon entered a plea of no contest to second degree murder in violation of section 187, subdivision (a). The first paragraph of count 1 of the information to which appellant entered his plea states: “On or about July 2, 2009, in the County of Los Angeles, the crime of MURDER, in violation of PENAL CODE SECTION 187(a), a Felony, was committed by ANTHONY MANCERA and CHRISTOPHER ROBERT FALCON, who did unlawfully, and with malice aforethought murder SERGIO SANTIAGO, a human being.” The information contains a firearm enhancement alleging that Mancera personally discharged a firearm resulting in death. Appellant was eventually sentenced to 15 years to life imprisonment.