People v. Wilson CA5

INTRODUCTION

In 2008, a jury convicted defendant Kimberly Amara Wilson1 of criminal threats (Pen. Code, § 422; count 1) and threatening a public official (§ 76, subd. (a)(1); count 2), and the court found true allegations defendant had previously suffered multiple strike prior convictions that fall within the meaning of sections 667, subdivisions (c) through (j), and 1170.12, subdivisions (a) through (e). (Undesignated statutory references are to the Penal Code.) The jury also found that defendant had served multiple prior prison terms (§ 667.5, former subd. (b)). In 2009, the court sentenced defendant to 25 years to life plus four years for the prison prior enhancements on count 1 and the same term on count 2, which it ordered stayed pursuant to section 654. In 2023, defendant petitioned for relief pursuant to former section 1171.1 (now § 1172.75) to seek dismissal of her prison prior enhancements and resentencing. At resentencing, the court struck defendant’s prison prior enhancements (§ 667.5, former subd. (b)). It denied defendant’s request to strike any of her strike prior convictions and resentenced defendant to 25 years to life. On appeal, defendant argues the court abused…