People v. Parker CA4/2

── People v. Parker CA4/2 ── Court: California Court of Appeal Date: June 08, 2026 Category: General Filed 6/8/26 P. v. Parker CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, E085571 v. (Super.Ct.No. FSB042580) LARRY ALLEN PARKER, OPINION Defendant and Appellant. APPEAL from the Superior Court of San Bernadino County. Michael A. Smith, Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Tonja R. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland and Arlene A. Sevidal, Assistant Attorneys General, Daniel Rogers and Adrian R. Contreras, Deputy Attorneys General, for Plaintiff and Respondent. 1  INTRODUCTION A jury convicted defendant and appellant Larry Allen Parker of second- degree murder (Pen. Code1, §§ 187, 189) and found various sentence enhancements true. On appeal, defendant contends the trial court abused its discretion by applying an incorrect legal standard under amended section 1385, subdivision (c)(2) when denying his request to dismiss a firearm enhancement. We affirm. FACTUAL BACKGROUND2 On or about January 10, 2003, Leandra Green and defendant were burglarized and robbed by two armed men. The men ordered Green into the bathroom, beat up defendant, tied him up, and stole money and jewelry from him. Green heard by word of mouth that Elvin Seay, Jr. (the victim), was the individual responsible for ordering the robbery. A few days later, the victim and Leo Salcedo were talking and getting high together near defendant’s motel room. Defendant went out and told them they were not permitted to smoke in that area. The victim told defendant, “[T]hat’s why I had that gun to you.” Defendant interpreted this as meaning that the victim 1 All further statutory references will be to the Penal Code unless otherwise indicated. 2 On our own motion, we take judicial notice of our prior opinion in People v. Parker (Mar. 12, 2008, E042309 [nonpub. opn.]). (Evid. Code, §§ 452, subd. (d), 459, subd. (a).) This brief summary of the facts is based on the statement of facts set forth in that opinion. 2 was responsible for the robbery. Defendant went back into his room, grabbed a gun, then went back outside. He exclaimed something to the effect of, “[G]et the F out of there, I said there ain’t no smoking [in the garage].” Immediately thereafter, defendant fired his gun several times. Neither Salcedo nor the victim had a weapon or attempted to hurt defendant. The victim sustained one gunshot wound from which he eventually died. PROCEDURAL BACKGROUND A jury convicted defendant of second-degree murder (§ 187, subd. (a), count 1) and found true the allegations that, during the murder, he personally used a firearm (§12022.53, subd. (b)), personally discharged a firearm (§ 12022.53, subd. (c)), and personally discharged a firearm which proximately caused great bodily injury or death to someone other than an accomplice (§ 12022.53, subd. (d)). Although the record is unclear, it appears the trial cou