People v. Walker CA1/3

Filed 10/30/14 P. v. Walker CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A134924

v. THELMEAS WALKER, JR. (Alameda County Super. Ct. No. C166404) Defendant and Appellant.

This is an appeal from judgment after a jury convicted appellant Thelmeas Walker, Jr. of forcible rape during a residential burglary, which crime he accomplished by personal use of a firearm. Appellant challenges the judgment on grounds that include violation of his constitutional right to avoid cruel and unusual punishment, erroneous admission of evidence and instruction to the jury, and failure to strike or vacate the finding on a lesser-included offense. We remand this matter to the trial court to correct a minor sentencing…