In re Watson CA2/5

I. BACKGROUND

Petitioner pled no contest in 2017 to charges of assault with a firearm (Pen. Code, § 245, subd. (a)(2)), willful infliction of corporal injury after sustaining a prior conviction (Pen. Code, § 273.5, subd. (f)(1)), and dissuading a witness (Pen. Code, § 136.1, subd. (b)(1)). He also admitted, for purposes of an alleged sentencing enhancement, that he personally used a firearm in the commission of the assault (Pen. Code, § 12022.4, subd. (a)). The trial court sentenced petitioner to eight years in prison, calculated as two years for the assault conviction, four years for the firearm enhancement, 16 months for the domestic violence conviction, and eight months for the dissuading a witness conviction. Petitioner subsequently sought habeas corpus relief in the superior court. He argued article I, section 32 of California’s Constitution, enacted by voters as part of Proposition 57, made him eligible for early parole consideration. The specific constitutional provision at issue states: “Any person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term of

2 his or her primary…