People v. Hoang CA3

BACKGROUND

In 2019, a jury found Hoang guilty of two counts of first degree murder (Pen. Code, § 187, subd. (a)),1 and found true that he personally and intentionally discharged a firearm causing death (§ 12022.53, subd. (d)) as to two individuals. The jury further found true the special circumstance that Hoang committed multiple murders. (§ 190.2, subd. (a)(3).) The trial court sentenced Hoang to life without the possibility of parole for each murder and 25 years to life for each firearm enhancement, though it stayed one of the enhancements. We affirmed the judgment on appeal. (See People v. Hoang (Apr. 29, 2021, C089944) [nonpub. opn.].) In 2023, Hoang moved for a proceeding under People v. Franklin, supra, 63 Cal.4th 261 to preserve mitigating evidence for use in a future youth offender parole hearing. The trial court initially scheduled a hearing. The People subsequently moved to vacate the hearing, arguing that Hoang was not eligible for a Franklin proceeding based on our Supreme Court’s recent decision in People v. Hardin (2024) 15 Cal.5th 834. The court granted the People’s motion and vacated the hearing. Hoang timely appealed.

1 Undesignated statutory references are to…