People v. Washington CA3

BACKGROUND

The facts underlying Washington’s convictions are not relevant to the issue he raises on appeal. Briefly summarized, during an argument Washington physically assaulted his wife and then forced her from their home by pulling and dragging her outside and around their neighborhood against her will; he continued to hit his wife and threw her over a neighbor’s fence. A jury found Washington guilty of kidnapping (§ 207, subd. (a); count one) and inflicting a corporal injury on a spouse (§ 273.5, subd. (a); count three), and not guilty of making criminal threats (§ 422; count two). In a subsequent proceeding, the trial court found that Washington had suffered a prior strike conviction for robbery (§§ 667, subds. (b)-(i), 1170.12) and had served a prior prison term for possession of methamphetamine for sale (§ 667.5, subd. (b)). The court sentenced him to an aggregate upper term of 22 years in state prison, including one year for the prior prison term enhancement. In December 2022, Washington filed a form petition for resentencing under section 1172.6 alleging, among other things, that he had been convicted of murder, attempted murder, or manslaughter following a trial and…