People v. Forch CA2/8

Filed 7/5/22 P. v. Forch CA2/8 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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, e xcept 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B296637

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA030634) v.

FRANKLIN LARANCE FORCH,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Kathleen Blanchard, Judge. Affirmed. David M. Thompson, 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, Amanda V. Lopez, Idan Ivri and Nancy Lii Ladner, Deputy Attorneys General, for Plaintiff and Respondent.

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In January 2005, defendant and appellant Franklin Larance Forch was charged with nine felonies, including one count of murder, and two misdemeanor offenses arising from an incident on September 26, 2004, in which defendant attacked his mother and stepfather. His stepfather died from his injuries. In 2009, pursuant to a negotiated plea agreement, defendant pled no contest to the murder of his stepfather and admitted a prior qualifying strike conviction, a felony enhancement (Pen. Code, § 667, subd. (a)(1)), and four prison priors (§ 667.5, subd. (b)). The court accepted defendant’s plea and waivers on the record and counsel stipulated to a factual basis for the plea. The remaining counts were dismissed. Defendant was sentenced to state prison for a term of 23 years to life and awarded 1,853 days presentence custody credits. This court affirmed defendant’s conviction (People v. Forch (Feb. 7, 2011, B221505) [nonpub. opn.]). In 2018, Senate Bill 1437 (2017–2018 Reg. Sess.) was passed. Penal Code section 1170.95 was enacted as part of the legislative changes effected by Senate Bill 1437 and became effective January 1, 2019. (Stats. 2018, ch. 1015, § 4.) On January 7, 2019, defendant filed a petition in propria persona requesting resentencing pursuant to Penal Code section 1170.95. The petition requested the appointment of counsel and alleged defendant pled guilty because he believed he could have been convicted of murder under a theory of felony murder or the natural and probable consequences doctrine and that he could not now be convicted in light of the amendments to the murder statutes. The trial court summarily denied the petition without appointing counsel, finding defendant was ineligible as a matter