People v. Frandsen CA2/8

Filed 10/6/22 P. v. Frandsen CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B314195

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA046248) v.

BENJAMIN WILEY FRANDSEN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Eric P. Harmon, Judge. Affirmed. Loyola Law School, Juvenile Innocence & Fair Sentencing Clinic, Marisa Harris and Christopher Hawthorne for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Amanda V. Lopez and David E. Madeo, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Benjamin Wiley Frandsen appeals from the order denying his petition for resentencing pursuant to former Penal Code section 1170.95. During the pendency of this appeal, former section 1170.95 was renumbered as section 1172.6 with no change in the text. (Stats. 2022, ch. 58, § 10.) We refer to the statute only by its new designation for clarity. We affirm. BACKGROUND The charges against defendant arose from events that occurred in late 2002. Shane Huang, a friend of defendant’s, grew marijuana illegally at his home in Canoga Park. Sometime in November 2002, Huang discovered evidence of a burglary at his home and the theft of $6,000 worth of marijuana. Huang suspected Ben Wertzberger and Adar Ne’eman of the theft. Wertzberger helped Huang with the grow operation in exchange for a place to stay. Ne’eman was a friend of Wertzberger’s visiting from Israel. (People v. Frandsen (2019) 33 Cal.App.5th 1126, 1129–1130.) On December 2, 2002, defendant, at the request of Huang, went to Huang’s home with his longtime friend, Nick Turner. Wertzberger and Ne’eman were there, seated together on a couch in the living room. Two others, Jamil Kharboutli and Joseph Pistone, were also there, having also been beckoned by Huang who claimed to have caught the marijuana thieves. (People v. Frandsen, supra, 33 Cal.App.5th at pp. 1130–1131.) Huang, with the assistance of defendant, Turner, Kharboutli and Pistone, held Wertzberger and Ne’eman captive inside the house. Huang angrily interrogated and threatened both men for a long time. Defendant is a former marine, skilled