People v. Lara CA4/2

INTRODUCTION

Defendant and appellant David DeLeon Lara appeals from a resentencing order

after the matter was remanded in his prior appeal. He contends the trial court erred by:

(1) resentencing him in his absence, without a valid waiver; and (2) failing to correctly

award him presentence custody credits. We agree and reverse.

PROCEDURAL BACKGROUND

A jury convicted defendant of first degree premeditated murder (Pen. Code1,

§ §187, 189, subd. (a)) and returned true findings that he personally discharged a firearm

in the commission of the murder (§ 12022.53, subds. (d), (e)), and intentionally killed the

victim under the special circumstance of lying in wait (§ 190.2, subd. (a)(15)). (People

v. Lara (June 28, 2022, E074161) [nonpub. opn.] (Lara).)2 On November 1, 2019, the

court sentenced defendant to a total of 50 years to life in state prison, consisting of

years to life on the murder conviction and a consecutive 25 years to life on the firearm

enhancement. Because he was only 16 years old when he committed the murder,

defendant was not sentenced to life without the possibility of parole (LWOP) for the

murder based on the special circumstance finding, which…