People v. Reese CA2/3

Filed 10/13/23 P. v. Reese CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B323148

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA230274) v.

CLARENCE REESE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, George G. Lomeli, Judge. Conditionally reversed and remanded. Nancy J. King, 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, David E. Madeo and Yun K. Lee, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

In 2005, a jury convicted Clarence Reese of various crimes committed when he was 16 years old. He now appeals from an order denying his motion to transfer this matter to juvenile court. The People concede, and we agree, that the trial court erred in denying the transfer motion. BACKGROUND In 2002, then 16-year old Reese and Juan Saucedo tried to carjack Vuthipong Sanguansukdikosol. Reese or Saucedo shot Sanguansukdikosol, killing him. Reese later told a detective that Saucedo was the shooter.1 Reese was prosecuted for Sanguansukdikosol’s murder in adult criminal court under a felony murder theory. A jury found him guilty of first degree murder (Pen. Code,2 § 187, subd. (a)), attempted carjacking (§§ 664, 215, subd. (a)), and first degree burglary (§ 459). (People v. Reese, supra, B186147.) The jury also found true special circumstance allegations that the murder was committed while Reese was engaged in the commission of attempted carjacking and burglary. (§ 190.2, subd. (a)(17)(L), (G).) The trial court sentenced Reese on the murder count to 25 years to life in prison. This Division affirmed Reese’s judgment of conviction. (People v. Reese, supra, B186147.) In 2019, Reese petitioned for resentencing under then recently enacted Senate Bill No. 1437, which limited accomplice liability for murder and added section 1172.6.3 The trial court