People v. Wilson CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

This is defendant’s third appeal in this matter. The factual and procedural background for the previous two appeals is set forth in detail in our prior opinion. (See People v. Wilson (2013) 219 Cal.App.4th 500, 504-508.)1 In 1999, defendant was convicted of felony DUI (Veh. Code, § 23152, subd. (a)), with a prior conviction for gross vehicular manslaughter (former Veh. Code, § 23175.5, subd. (a)(3), repealed and reenacted as Veh. Code, § 23550.5, subd. (b) [Stats. 1998, ch. 118, § 84]). The trial court found two prior “serious felonies” qualifying as strikes, or “strike priors” under the Three Strikes law. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12.) Accordingly, the court sentenced defendant as a third strike offender to a prison term of 25 years to life. In 2002, this court affirmed the judgment. (People v. Wilson (Dec. 23, 2002, H021472) [nonpub. opn.].) In 2011, defendant successfully challenged his sentence under Apprendi v. New Jersey (2000) 530 U.S. 466 (Apprendi) in a federal habeas corpus proceeding. (Wilson v. Knowles (9th Cir. 2011) 638 F.3d 1213.) The Ninth Circuit vacated his life sentence and the federal district court remanded…