People v. Navarra

223 Cal. Rptr. 3d 820, 16 Cal. App. 5th 173, 2017 WL 4585111, 2017 Cal. App. LEXIS 890
CourtCalifornia Court of Appeal, 5th District
DecidedOctober 16, 2017
DocketF071142
StatusPublished
Cited by1 cases

This text of 223 Cal. Rptr. 3d 820 (People v. Navarra) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Navarra, 223 Cal. Rptr. 3d 820, 16 Cal. App. 5th 173, 2017 WL 4585111, 2017 Cal. App. LEXIS 890 (Cal. Ct. App. 2017).

Opinion

HILL, P.J.

*175INTRODUCTION

Brittany Navarra (defendant) stands convicted, following a jury trial, of first degree murder ( Pen. Code, § 187, subd. (a) ; count 1), first degree burglary (id ., § 459; count 2), and conspiracy to commit murder (id ., § 182, subd. (a)(1); count 3). The jury further found true a lying-in-wait special circumstance (id ., § 190.2, subd. (a)(15)) with respect to count 1. Defendant was sentenced to life in prison without the possibility of parole (LWOP) and ordered to pay various fees, fines, and assessments.1

In our original unpublished opinion, we found no prejudicial error and affirmed, rejecting defendant's claims (1) she was denied various constitutional rights by the admission of Gran's convictions; (2) she was denied various constitutional rights by the admission of Gran's statement to a psychologist who interviewed Gran in conjunction with Gran's plea of not *176guilty by reason of insanity (NGI); (3) the jury instructions allowed jurors to find defendant guilty of first degree murder based on Gran's mental state rather than her own; (4) there was insufficient evidence to support first degree murder by lying in wait and the lying-in-wait special circumstance; (5) imposition of an LWOP sentence violated the Eighth Amendment to the United States Constitution.

Defendant petitioned for rehearing, arguing, among other things, that Proposition 57, the Public Safety and Rehabilitation Act of 2016 (Proposition 57 or the Act), requires that she be afforded a conditional reversal of the judgment and remand for a fitness/transfer hearing in juvenile court.2 Although it would have been preferable for appellate counsel to seek permission to file a supplemental brief before defendant's appeal was ordered on calendar, rather than waiting until our opinion was filed, we granted rehearing to determine whether defendant is entitled to relief under Proposition 57. In the published portion of this opinion, we conclude Proposition 57 does not apply retroactively to defendant's case. In so holding, we reject defendant's claim retroactivity to juvenile offenders with LWOP sentences is required under Montgomery v. Louisiana (2016) 577 U.S. ----, ----, 136 S.Ct. 718, 734, 193 L.Ed.2d 599 ( Montgomery ). In the unpublished portion, we adhere to our original analysis and again find no prejudicial error. Accordingly, we again affirm.

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Related

People v. Superior Court of Riverside Cnty.
410 P.3d 22 (California Supreme Court, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
223 Cal. Rptr. 3d 820, 16 Cal. App. 5th 173, 2017 WL 4585111, 2017 Cal. App. LEXIS 890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-navarra-calctapp5d-2017.