People v. Walker CA5

INTRODUCTION

In 2006, a jury convicted Michael Edward Walker II (appellant) of 13 offenses, including attempted murder and assault with a deadly weapon, and found true numerous gang, firearm, and great bodily injury enhancements. The trial court sentenced appellant to 50 years to life plus 57 years. In 2016, the trial court granted a portion of appellant’s petition for writ of habeas corpus and stayed several gang and firearm enhancements, reducing the determinate portion of appellant’s sentence to 42 years four months. In 2019, the trial court resentenced appellant pursuant to former Penal Code1 section 1170, subdivision (d),2 based on a letter from the Secretary of the California Department of Corrections and Rehabilitation (CDCR). The court followed the CDCR’s recommendation and stayed two great bodily injury enhancements, but imposed sentence for the enhancements previously stayed pursuant to the 2016 habeas petition. As a result, the determinate portion of his sentence was increased to 56 years. Appellant raises several claims related to his 2019 sentence. We agree appellant’s section 667.5, subdivision (b) prior prison term enhancement must be stricken in light of newly…