People v. Dickey CA5

INTRODUCTION

The trial court resentenced defendant Colin Raker Dickey after he obtained relief on a petition for writ of habeas corpus brought in federal court. (See Dickey v. Davis (2023) 69 F.4th 624; Dickey v. Davis (E.D. Cal. Sept. 7, 2023, No. 1:06-cv-00357-JLT- SAB) 2024 U.S. Dist. Lexis 91052 [2024 WL 2300965].) Defendant appeals from the judgment of conviction and sentence entered following resentencing. He contends (1) resentencing was not conducted within the time required by the orders of the federal courts and he therefore is entitled to immediate release; (2) in light of the federal courts’ determinations, he was not convicted of murder under current California law and therefore could not be resentenced for murder in conformity with state law; and (3) imposition of consecutive sentences on resentencing was vindictive. We affirm.

FACTUAL BACKGROUND

The facts underlying the offenses do not bear on our resolution of the legal issues raised on appeal. Nonetheless, the opinion of the United States Court of Appeals for the Ninth Circuit (hereinafter “Ninth Circuit”) is pertinent to understanding the status of defendant’s current convictions and defendant’s arguments…