People v. Price CA2/8

Filed 1/31/22 P. v. Price CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B310967

Plaintiff and Respondent, Los Angeles County Super. Ct. No. VA071398 v.

CHRISTOPHER J. PRICE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Roger T. Ito, Judge. Reversed and remanded. Neil Rosenbaum, 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, Idan Ivri and Rene Judkiewicz, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

A jury convicted Christopher J. Price of beating Eli Reyes to death. The trial court instructed the jury on, and the prosecutor argued, the natural and probable consequences doctrine. Price filed a petition for resentencing under Penal Code section 1170.95. The trial court denied the petition. Price appeals this denial, arguing the trial court erred by not acting as an independent trier of fact. Because the record is unclear in this respect, we reverse and remand. Undesignated statutory references are to the Penal Code. Price’s beating of Reyes lasted for hours. Two other assailants participated. There were two possible causes of death: strangulation and multiple head blows. During the beating, Price sometimes participated but sometimes left the room where the others were beating Reyes. Price forcefully kicked Reyes in the head twice. The day after the beating another witness saw Price make a stomping motion and say, “That was fucking crazy, dude.” At trial, the court instructed the jury on murder liability, including implied malice murder and the natural and probable consequences doctrine. The prosecution and defense arguments focused on the natural and probable consequences theory. The jury convicted Price and the others of second degree murder. (§ 187, subd. (a).) All three appealed. We affirmed. (People v. Vasquez (Apr. 6, 2006, B173875) [nonpub. opn.].) Price filed a petition for resentencing. (§ 1170.95, subd. (a).) The court appointed counsel. The trial court set a hearing under section 1170.95, subdivision (d). At this hearing, the law requires the trial court to act as an independent trier of fact. It must determine whether the