People v. Khan CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Trial Evidence A detailed description of the evidence presented at Khan’s trial appears in the Khan opinion. (Khan, supra, H045524.) Both parties in this appeal rely on the facts of Khan’s offense as summarized in that opinion. Under these circumstances, we incorporate into this opinion the Khan court’s description of the trial evidence. (Ibid.)

2 The October 2020 Khan opinion is included in the instant appellate

record. Additionally, on our own motion, we take judicial notice of that opinion. (See Evid. Code, §§ 452, subd. (d), 459.) The Khan opinion followed a grant of review by the California Supreme Court of this court’s initial opinion, which preceded Frahs. The initial opinion affirmed the judgment, concluding that section 1001.36 did not apply retroactively to Khan. Pursuant to an order of the Supreme Court, this court vacated its initial opinion and reconsidered the case in light of Frahs. After receiving supplemental briefing, this court issued its October 2020 Khan opinion and remanded the matter for a hearing under section 1001.36.

2 Briefly, in November 2015, Khan released several cockroaches inside his place of employment. In…