People v. Watkins CA5

INTRODUCTION

This matter is before us on transfer from the Supreme Court for reconsideration in light of People v. Lynch (2024) 16 Cal.5th 730 (Lynch) and People v. Salazar (2023) 15 Cal.5th 416 (Salazar). (See Cal. Rules of Court, rule 8.528(d).) Lynch and Salazar settled a division among courts of appeal on the appropriate standard for assessing prejudice in the context of noncompliance with the requirements of Penal Code1 section 1170, subdivision (b), as modified by Senate Bill No. 567 (2021-2022 Reg. Sess.) (Senate Bill No. 567) (Stats. 2021, ch. 731, § 1.3) and clarified the circumstances under which remand and resentencing are required. In accordance with the Supreme Court’s order, we have vacated our earlier decision, and the parties have submitted supplemental briefing. A jury convicted Christopher Watkins of rape by force (§ 261, subd. (a)(2); count 1), criminal threats (§ 422; count 2), and dissuading a witness by force or threats (§ 136.1, subd. (c)(1); count 3). The trial court sentenced Watkins to 11 years in state prison. On appeal, Watkins challenges the denial of his pretrial motion to sever, the sufficiency of the evidence to support his rape conviction, the…