People v. Wilson CA2/3

BACKGROUND

In 1997, a jury convicted Wilson of felony unlawful driving or taking a vehicle (Veh. Code, § 10851, subd. (a)). The court then found that Wilson had four priors under section 667.5, subdivision (b) and prior convictions within the meaning of the Three Strikes law. That same year, the court sentenced Wilson to a third strike sentence of 25 years to life plus four years for each of the section 667.5, subdivision (b), one-year priors. In 2023, the Department of Corrections and Rehabilitation identified Wilson as eligible for resentencing. The trial court scheduled a hearing. Before the hearing, Wilson’s counsel submitted a brief asking that Wilson’s four 1-year priors be dismissed under section 1172.75, for a full resentencing, and that he be resentenced as a second striker. In the brief, counsel declared that Wilson was not seeking relief under Proposition 36, The

1 All further undesignated statutory references are to the Penal Code.

2 Three Strikes Reform Act.2 Instead, Wilson was arguing that his prior serious or violent felonies were not pled or proven. On January 12, 2024, the trial court held a resentencing hearing. The trial court first found that Wilson was…