People v. Haddock

── People v. Haddock ── Court: California Court of Appeal Date: May 28, 2026 Category: General Filed 5/4/26; Certified for Publication 5/28/26 (order attached) COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, D084537 Plaintiff and Respondent, v. (Super. Ct. No. SCD267959) DONTE JEROME HADDOCK, Defendant and Appellant. THE PEOPLE, D084538 Plaintiff and Respondent, v. (Super. Ct. No. SCD267959) ANTHONY CONSTANTIN FRANK, Defendant and Appellant. CONSOLIDATED APPEALS 1 from orders of the Superior Court of San Diego County, Polly H. Shamoon, Judge. Judgments conditionally reversed and remanded with instructions. 1 We previously granted Anthony Constantin Frank’s unopposed motion to consolidate appeal numbers D084537 and D084538 under appeal number D084537.  Shay Dinata-Hanson, under appointment by the Court of Appeal, for Defendant and Appellant Donte Jerome Haddock. Jeanine G. Strong, under appointment by the Court of Appeal, for Defendant and Appellant Anthony Constantin Frank. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Arlene A. Sevidal, Assistant Attorney General, Marvin E. Mizell, Christine Y. Friedman and Eric A. Swenson, Deputy Attorneys General, for Plaintiff and Respondent. In two separate incidents, fellow gang members Anthony Constantin Frank and Donte Jerome Haddock (together appellants), were charged with shooting to death Darris W. in 2011 and Xusha B. in 2013. A jury found appellants guilty of two counts of murder (Pen. Code, § 187), two counts of conspiracy to commit murder (Pen. Code, § 182, subd. (a)(1)), and attempting to murder Malcolm H. (Pen. Code, §§ 664/187, subd (a), 189). The jury also found true gang enhancement allegations attached to each count (Pen. Code, § 186.22, subd. (b)(1) & (5)), gang-related firearm enhancements (Pen. Code, § 12022.53, subds. (d) & (e)(1)), and a lying in wait special circumstance enhancement for both murders (Pen. Code, § 190.2, subd. (a)(15)). As to the second murder count, the jury also found true allegations that multiple murders occurred (Pen. Code, § 190.2, subd. (a)(3)) and that a firearm was discharged from a vehicle (Pen. Code, § 190.2, subd. (a)(21)). The court sentenced appellants to a total prison sentence of two consecutive life terms without the possibility of parole, plus 82 years to life for Haddock and 90 years to life for Frank. In August 2022, we vacated the gang enhancement allegations and the gang-related firearm enhancement. (People v. Frank (Aug. 5, 2022, D076986, 2 D076737) [nonpub. opn.] (Frank I).) 2 On remand, the People elected not to retry the gang enhancements and appellants filed motions for new trial under the Racial Justice Act (RJA), Penal Code section 745, subdivision (a)(1) and (2), and newly enacted Evidence Code 3 section 352.2. Haddock filed a motion for discovery under the RJA which Frank joined. After the trial court denied the motions, Haddock renewed his new trial motion, which Frank joined. Following a hearing, the court denied the renewed motion for a new trial. The court sentenced appellants to two terms of life without parole, plus seven years to life. Appellants contend the trial court erred by denying their: (1) new trial motions under section 352.2; (2) renewed new trial motions under the RJA; and (3) request for RJA discovery. We reject their first argument but conclude the trial court applied improper legal standards in denying their renewed new trial motions and requests for RJA discovery. We conditionally reverse the judgments and remand for further proceedings consistent with this opinion.