People v. Banks CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts2

The La Brea Collective (Collective), a medical marijuana dispensary, had a metal security door that provided access from the sidewalk. Behind the security door was a “mantrap”—a secured room separated from the lobby. When a patient rang the outside doorbell, a security guard would open a flap in the metal door and ask for the patient’s identification and medical marijuana recommendation. Upon verification of these documents, the patient was permitted to enter the dispensary through the lobby. Security cameras monitored the premises. On the afternoon of October 1, 2008, Martin Chavero (Chavero) was working behind the displays in the dispensary when he heard the doorbell ring. On a security monitor, Chavero

All further statutory references are to the Penal Code unless otherwise indicated. Effective June 30, 2022, former section 1170.95 was renumbered section 1172.6, with no substantive change. (Stats. 2022, ch. 58, § 10.) For simplicity, we refer to the section by its new numbering. At the conclusion of the section 1172.6 evidentiary hearing, the trial court ordered the People to submit relevant excerpts of the reporter’s…