People v. Eskridge CA2/5

Filed 3/15/23 P. v. Eskridge CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B320037

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA024604) v.

GREGORY ESKRIDGE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura L. Laesecke, Judge. Reversed with directions. Robert H. Derham, 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, Noah P. Hill and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent.

Gregory Eskridge appeals the trial court’s 2022 denial of his request for a hearing to make a record of youth-related factors relevant to his parole suitability pursuant to People v. Franklin (2016) 63 Cal.4th 261 (Franklin). The People agree that if this court construes Eskridge’s notice of appeal to encompass his Franklin request, Eskridge is entitled to a limited remand under Franklin. We construe the appeal as including the trial court’s denial of the Franklin hearing request and remand to the trial court for a hearing regarding youth-related factors.

PROCEDURAL HISTORY

In 1996, Eskridge was convicted of second degree murder (Pen. Code,1 § 187), attempted murder with premeditation and deliberation (§§ 187 & 664), and assault with a firearm (§ 245, subd. (a)(2)). As to each count, the jury found that Eskridge personally used a firearm in the commission of the crime. (§ 12022.5, subd. (a).) The trial court found true the allegation that Eskridge had been convicted of a prior strike under the three strikes law. (§§ 667, subds. (b)–(i) & 1170.12, subds. (a)–(d).) The court sentenced Eskridge to a term of 58 years to life. It is uncontested that Eskridge was 20 years old at the time the offenses were committed. In 2019, Eskridge filed a petition for vacatur of his murder conviction under Senate Bill No. 1437 (Senate Bill 1437) and