People v. King CA5

INTRODUCTION

Defendant Walter Gerard King appeals following resentencing. He argues his conviction and sentence must be vacated and the matter remanded for a juvenile transfer hearing pursuant to Proposition 57 (the “Public Safety and Rehabilitation Act of 2016”) (Proposition 57), and People v. Padilla (2022) 13 Cal.5th 152 (Padilla). The People agree defendant is entitled to a juvenile transfer hearing. Defendant also initially argued aspects of his sentence did not comport with Penal Code sections 1385 and 1170. 1 However, the parties now agree we need not reach these sentencing issues in this appeal. Accordingly, we will conditionally reverse defendant’s sentence and remand for a Proposition 57 juvenile transfer hearing.

PROCEDURAL HISTORY 2

Defendant was 17 years old in October 2011 when he committed the offenses at issue in this case. The case was “direct filed” in criminal court pursuant to former Welfare and Institutions Code section 707, subdivisions (b) and (d)(1). We previously described defendant’s underlying convictions and sentence as follows:

“Defendant . . . was charged with the murder of Felipe Atilano (Pen. Code, § 187, subd. (a); count 1), the robbery of…