People v. Baca CA5

INTRODUCTION

Appellant Patrick Lee Baca was convicted by jury of second degree murder. (Pen. Code,1 § 187, subd. (a).) In a bifurcated proceeding, the trial court found Baca had suffered three prior convictions qualifying as strikes (§§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)), two prior prison terms (§ 667.5, subd. (b)), and two prior serious felony convictions (§ 667, subd. (a)(1)). The trial court sentenced him to a total prison term of 45 years to life. On appeal, Baca contends: (1) this court must vacate his murder conviction following the enactment of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill No. 1437); (2) the trial court erred by failing to instruct the jury sua sponte on direct aiding and abetting (CALCRIM No. 401); (3) the trial court erred by admitting evidence of Baca’s prior conviction for assault with a deadly weapon; (4) there is insufficient evidence to support two of the three prior strike allegations found true by the trial court; and (5) he is entitled to a hearing on his ability to pay court-imposed fees and assessments pursuant to People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). During the pendency of this appeal, Governor Newsom…