People v. Marin CA2/3

Filed 12/19/22 P. v. Marin CA2/3 (opinion on remand from Supreme Court) NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B308620

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA071960) v.

CORINA MARIN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Renée F. Korn, Judge. Remanded with direction. Eric R. Larson, 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, Amanda V. Lopez and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

_________________________ In 1994, a jury convicted Corina Marin (Marin) of first- degree murder and found true the special circumstance allegation that the murder was committed while she was engaged in the commission of robbery. She was sentenced to life without the possibility of parole. On direct appeal we affirmed Marin’s conviction. (People v. Marin (Feb. 5, 1996, B086974) [nonpub. opn.].) Following our affirmance, Marin petitioned for resentencing under Penal Code1 section 1170.95.2 Based on then- existing law, the trial court denied her request, concluding she was either the actual killer, a direct aider and abettor to the murder, or she was a major participant in the underlying crime who acted with reckless indifference to human life. On October 28, 2021, this court affirmed the trial court’s denial of relief. (People v. Marin (Oct. 28, 2021, B308620) [nonpub. opn.].) Marin petitioned for review. On January 5, 2022, our Supreme Court granted review and has now transferred the matter back to this court with directions to vacate our decision and reconsider the cause in light of People v. Strong (2022) 13 Cal.5th 698 (Strong). The parties agree Strong requires we reverse the superior court’s order denying Marin’s petition for resentencing on her murder conviction in count one and that this case should be remanded to the trial court for issuance of an order to show cause