People v. Emanuel CA6

I. FACTUAL AND PROCEDURAL BACKGROUND3

A. Procedure relating to underlying trial “On April 15, 2015, the Santa Clara County District Attorney filed a second amended information charging Emanuel and Whitley with one count of first degree

2 We note that Emanuel also devotes a considerable portion of his briefing to contesting the trial court’s finding, made following an evidentiary hearing on Emanuel’s petition for resentencing pursuant to section 1172.6, that he was a major participant in the offense and acted with reckless indifference to human life. In a separate appeal, this court affirmed the trial court’s order denying Emanuel’s section 1172.6 petition, concluding that substantial evidence supported the trial court’s findings. (People v. Emanuel (May 12, 2023, H049147) [nonpub. opn.], review granted Sept. 13, 2023, S280551 (Emanuel).) As that decision is currently on review before the California Supreme Court, we lack jurisdiction to address the question and will not discuss it further herein, except to the extent that the underlying facts inform an analysis of whether Emanuel’s punishment is disproportionate to his individual culpability. 3 This court granted Emanuel’s…