People v. Winn CA1/5

I. FACTS AND PROCEDURAL HISTORY

Winn was charged with murder and battery after the death of his victim, James Rendleman, whom he had kicked and “stomped.” For purposes of sentencing, it was alleged that Winn had suffered two prior felony strikes and served two prior prison terms. A jury thereafter convicted Winn of involuntary manslaughter (§ 192, subd. (b)) and misdemeanor battery (§ 242), and the allegations of his prior strike convictions and the prior prison terms were found to be true. The court sentenced Winn under the Three Strikes Law to 25 years to life, plus sentence enhancements of one year for each of two prior prison terms. (§§ 667, subd. (a)(1), 667.5, subd. (b), 1170.12.) In May 2002, this court affirmed the judgment of conviction but vacated one of the two sentence enhancements, reducing Winn’s total sentence to 26 years to life. In our opinion affirming the conviction, we described the facts of the case as follows, based on the record. Winn walked into the apartment of his victim, James Rendleman, uninvited. He argued with Rendleman over an $8 debt, and after he was paid only $5, became embroiled in a fight in which he “proceeded to beat, kick, and ‘stomp’ the…