People v. Walker CA4/2

INTRODUCTION

Defendant and appellant Vernon Robert Walker appeals the trial court’s summary

denial of his petition for resentencing pursuant to Penal Code1 section 1170.91, arguing

the court erred in determining he was ineligible for resentencing under that statute on his

conviction for a determinate term offense. The People agree that the determinate term of

his sentence is eligible for resentencing and that the matter should be remanded for the

trial court to consider it. We agree and remand the matter for the trial court to consider

the determinate term of his sentence. In all other respects, we affirm.

II

FACTUAL AND PROCEDURAL BACKGROUND

In 2003, defendant and his accomplice, Demetrius McClendon, killed two fellow

Marines for 10 pounds of marijuana and torched the victims’ car containing their bodies.

(People v. Walker (Sept. 22, 2006, E038397) [nonpub. opn.] (Walker I).)2 A jury

convicted defendant of two counts of first degree murder (§ 187, subd. (a)) and one count

of arson (§ 451, subd. (d)). As to the murder offenses, the jury also found true a firearm

enhancement (§ 12022.53, subd. (b)), as well as multiple special circumstances (§ 190.

subd. (a)(3))…