People v. Wilson CA5

INTRODUCTION

Joshua Edward Wilson, appellant, was convicted of two counts of battery by a prisoner on a nonprisoner and attempted aggravated battery by gassing, with three prior strike convictions. He appeals from a sentence of 11 years. Appellant argues a statement he made to a correctional officer was elicited in violation of Miranda,1 that Penal Code section 6542 should apply to two of his counts, and that his counsel was ineffective during sentencing for failing to argue the latter. The People concede section 654 applies to counts 1 and 3 of appellant’s conviction, and we therefore vacate the sentence and remand the matter for resentencing. The judgment is otherwise affirmed.

PROCEDURAL HISTORY

On April 8, 2022, the Kern County District Attorney filed an information charging appellant with two counts of battery by a prisoner on a nonprisoner (§ 4501.5; counts 1 & 2) and two counts of attempted aggravated battery by gassing (§§ 664, 4501.1; counts 3 & 4), with three prior strike convictions (§§ 667, subds. (c)–(j), 1170.12, subds. (a)–(e)). The victim alleged in counts 1 and 3 was Cory Layshot, and the victim alleged in counts 2 and 4 was Stephanie T. The district attorney…