People v. Walkey CA4/1

I. Factual and Procedural Background

In 1983, Frederick Walkey was involved in an incident that resulted in the death of a two-year-old child. In 1984, a jury found Walkey guilty of first degree murder by means of torture (§§ 187, subd. (a), 189, subd. (a)—count 1); and child endangerment (§ 273a, subd. (1)— count 2). The trial court sentenced Walkey to 25 years to life. Walkey appealed, and this Court reduced the defendant’s conviction to second degree murder because the evidence was insufficient to show that he intended to torture his victim. (People v. Walkey (1986) 177 Cal.App.3d 268, 271 (Walkey).) Walkey was resentenced to prison for 15 years to life. In 2022, appellant filed a petition for vacatur of his murder conviction and for resentencing under current section 1172.6. The trial court denied this petition at the prima facie stage, stating that Walkey was not entitled to relief because he was the actual killer.

All further statutory references are to the Penal Code.

We refer to the statute by its current number throughout the remainder of this opinion.

II. Discussion

A. Section 1172.6 When presented with a petition seeking relief under section…