People v. Garcia

• Decision Date: 06 March 2020
• Docket Number: H043870,H044073
• Citation: 46 Cal.App.5th 123,259 Cal.Rptr.3d 600
• Court: California Court of Appeals Court of Appeals
• Parties: The PEOPLE, Plaintiff and Respondent, v. Javier Ruben RODRIGUEZ GARCIA, Defendant and Appellant. The People, Plaintiff and Respondent, v. DeAngelo Joseph Austin, Defendant and Appellant.

46 Cal.App.5th 123

259 Cal.Rptr.3d 600

The PEOPLE, Plaintiff and Respondent,

v.Javier Ruben RODRIGUEZ GARCIA, Defendant and Appellant.

The People, Plaintiff and Respondent,

v.DeAngelo Joseph Austin, Defendant and Appellant.

H043870

H044073

Court of Appeal, Sixth District, California.

Filed March 6, 2020

Certified for Partial Publication.^*

Edward James Haggerty, Rowland Heights, under appointment by the Court of Appeal, for Defendant/Appellant Javier Garcia.

Maribeth Halloran, Mill Valley, under appointment by the Court of Appeal, for Defendant/Appellant DeAngelo Austin.

Xavier Becerra, Attorney General of California, Gerald A. Engler, Chief Assistant Attorney General, Jeffrey M. Laurence, Senior Assistant Attorney General, Catherine A. Rivlin, Supervising Deputy Attorney General, Claudia Harvey Amaral, Deputy Attorney General, Allan Yannow, Deputy Attorney General, for Plaintiff/Respondent.

DANNER, J.

Appellants Javier Ruben Rodriguez Garcia and Deangelo Joseph Austin appeal from judgments entered after a jury found them guilty of first degree murder and other crimes related to a home invasion robbery.

Between their two appeals, which we have considered together for oral argument and disposition, Garcia and Austin raise 26 issues. Stated broadly, Garcia and Austin challenge the sufficiency of the evidence presented at trial, certain evidentiary rulings and jury instructions, the constitutionality of one of the crimes of conviction, the effectiveness of their defense counsel, and aspects of their sentences.

We find no reversible error for Garcia's conviction. Nevertheless, we vacate Garcia's sentence because the one-year prior prison term enhancement imposed on him must be stricken under currently applicable law. Hence, we remand Garcia's case for resentencing. We also remand his case pursuant to People v. Franklin (2016) 63 Cal.4th 261, 202 Cal.Rptr.3d 496, 370 P.3d 1053, for a determination by the trial court whether Garcia was afforded sufficient opportunity to make a record for his eventual youth offender parole hearing.

For Austin, we vacate the special circumstance finding and sentence and remand his case to the trial court so that the People may elect whether to retry Austin on the special circumstance allegation. At Austin's resentencing, the trial court shall strike the 10-year gang enhancement imposed under Penal Code section 186.22, subdivision (b)(1)(C) and must decide whether it will exercise its discretion to strike the prior conviction enhancements under Penal Code section 667, subdivision (a). We reject all of Austin's other claims of error.

FACTS AND PROCEDURAL BACKGROUND

A. Procedural History

In September 2014, the Santa Clara County District Attorney filed an information charging Garcia and Austin with six counts related to the November 2012 home invasion robbery of Raveesh K. and Harinder K. and the murder of Raveesh.¹

Specifically, count 1 alleged that, on or about November 30, 2012, Garcia and Austin killed Raveesh with malice aforethought ( Pen. Code, § 187 )² while engaged in the commission of a robbery (§ 190.2, subd. (a)(17)). Count 2 alleged robbery of an inhabited place while acting in concert (§§ 211, 213, subd. (a)(1)(A)). Count 3 alleged an assault on Harinder with a deadly weapon (§ 245, subd. (a)(1)). Count 4 alleged criminal threats on Harinder (§ 422). Counts 5 and 6 alleged false imprisonment of Raveesh and Harinder, respectively (§§ 236, 237). All counts included gang allegations for Garcia and Austin ( § 186.22, subd. (b)(1)(A) ). In addition, the information alleged that Garcia had a prior felony conviction under Health and Safety Code section 11351 (§ 667.5, subd. (b)), and Austin had a prior strike conviction ( §§ 667, subd. (b) – (i), 1170.12 ) and a prior serious felony conviction ( § 667, subd. (a) ) for violating sections 459 and 460, subdivision (a).

The trial began on April 18, 2016. The trial court empaneled a single jury to hear evidence regarding both defendants.

On June 7, 2016, the jury found Garcia guilty of first degree murder, robbery, misdemeanor battery (§ 242) as a lesser included offense of assault with a deadly weapon,³ making criminal threats, and both counts of false imprisonment. The jury deadlocked on the robbery-murder special circumstance allegation under section 190.2, subdivision (a)(17), and found not true the gang allegation attendant to the murder charge.⁴ The jury also found not true the gang allegation regarding the battery conviction and deadlocked on the gang allegations regarding the remaining counts.⁵ The trial court separately found Garcia's prior felony conviction allegation true.

That same day, the jury found Austin guilty of first degree murder, robbery, assault with a deadly weapon, making criminal threats, and both counts of false imprisonment. The jury also found true the robbery-murder special circumstance allegation under section 190.2, subdivision (a)(17), and the gang allegations as to all counts. In addition, the trial court separately found Austin's prior strike conviction and prior serious felony conviction allegations true.

The trial court sentenced Garcia to 25 years to life for his first degree murder conviction on count 1, which was imposed consecutive to nine years for the robbery conviction on count 2, eight months consecutively for each conviction for criminal threats and false imprisonment on counts 4, 5, and 6, and one year for the prior felony conviction enhancement, for a total term of 37 years to life in prison. The trial court also imposed various fines and fees.

The trial court sentenced Austin consecutively to indeterminate terms of life without the possibility of parole for the first degree murder conviction with special circumstances on count 1 and 30 years to life for the robbery conviction on count 2, and determinate terms of eight years for the assault with a deadly weapon conviction on count 3, and one year and four months for each of the criminal threats and false imprisonment convictions on counts 4, 5, and 6. The court imposed a term of five years for the gang allegation in count 3, one year and eight months for the gang allegation in count 4, and one year and four months for the gang allegations in counts 5 and 6. The trial court also imposed a five-year term pursuant to section 667, subdivision (a), for Austin's determinate sentence and five-year terms for the prior conviction on each of the indeterminate terms. The trial court stayed the term of the gang allegation on count 1. The total determinate term was 36 years and four months, consecutive to the indeterminate terms of 30 years to life and life without the possibility of parole. The trial court also imposed various fines and fees.

B. The Evidence Presented at Trial

1. The Prosecution Evidence

Katrina Fritz is Austin's older sister.⁶ Fritz worked as a prostitute and met Raveesh around 1999, when she was 19 years old and Raveesh became a customer of hers. Between 1999 and 2011, Fritz visited Raveesh over 100 times at his home in Monte Sereno, which he shared with his ex-wife Harinder.⁷ Raveesh compensated Fritz well for sex and companionship, giving her hundreds of thousands of dollars and three cars over the years. Fritz had brought Austin to Harinder and Raveesh's house about two or three times between approximately 2003 and 2008. Fritz was familiar with the layout of the house and knew that Harinder and Raveesh typically left the doors unlocked. Fritz last saw Raveesh about one year before the robbery.

Shortly after Thanksgiving in 2012, Austin called Fritz and asked her if she was still involved with Raveesh and whether he had money and jewelry at the house. Austin said that he was thinking of going there, which Fritz understood to mean Austin was contemplating robbery. Fritz told Austin not to commit the robbery, but Austin said something "like, [c]ome on, it's okay." Fritz also offered to call or visit Raveesh to get him out of the house, but Austin told her not to do so because Raveesh would suspect she was involved, given the lack of recent contact.

Later in November 2012, Austin called Fritz from Monte Sereno and asked for directions to Harinder and Raveesh's house. When Austin arrived at the house, he told Fritz that he saw a lot of cars. Cell phone records confirmed that Austin's phone was in the vicinity of Harinder and Raveesh's house in the early afternoon of November 29, 2012.

Later that day, Austin called Fritz again and asked for a drawing of the home's layout. Fritz and Austin arranged to meet in north Oakland. They met in the midafternoon, and Fritz gave Austin a map of the residence. Marcellous Drummer was with Austin, and Fritz saw a black man inside the car (Fritz's BMW X5) that Austin had driven to the meeting. Fritz explained the map to Austin and Drummer, who were both excited, and they discussed gold and money. When Fritz asked Austin who was going with him to commit the crime, Austin said "his partner from West Oakland." Austin described the partner as "This nigger from Ghost Town." Fritz was surprised by this statement because she did not know that Austin had any friends in Ghost Town. During the meeting, Fritz told Austin and Drummer to be careful. Drummer responded, "I got this," and Austin said, "Sis, you know I know what I'm doing."

After leaving Austin and Drummer, Fritz drove to a hotel in San Francisco to meet with a customer. Fritz planned to borrow a hotel room rented by Summer Sawyer, who was dating Austin at the time. As Fritz was entering an elevator at the hotel she saw Austin, Drummer, and a third man step out. Fritz did not get a good look at their faces, but she observed that the third man was a black male who was shorter than Austin. Fritz did not speak with them, and she could not say whether the third man was Garcia.

Later that day, after 10:00 p.m., Austin called Fritz and told her he was "on his way out there" to Harinder and Raveesh's house. Austin called again later and said he was at the house and was...