People v. Walker
5 Cal. App. 5th 872
| Cal. Ct. App. | 2016Background
- David Earl Walker pleaded guilty to two felony counts of possession of a controlled substance in 1988 and 1989.
- In 1992 Walker was convicted of first degree murder (a "super strike") and sentenced to 25 years to life; the drug sentences were consecutive and totaled 2 years 8 months.
- After Proposition 47 (2014) was enacted, Walker petitioned under Penal Code §1170.18 to redesignate his 1988 and 1989 felony drug convictions as misdemeanors.
- The trial court denied relief, finding Walker ineligible because of his 1992 murder conviction; Walker appealed the denial.
- A second application filed while the first appeal was pending produced an order the court treated as a legal nullity and dismissed that separate appeal; the court proceeded to decide the merits of the first appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a "prior conviction" that disqualifies a petitioner under §1170.18(i) means any disqualifying conviction at the time the petition is decided, or only convictions that predate the conviction sought to be redesignated | Prop. 47 proponents / respondent: "prior conviction" includes any disqualifying conviction existing at the time the court rules (regardless of timing relative to the conviction being redesignated) | Walker: a "prior conviction" must precede the felony conviction for which redesignation is sought (so a later super strike should not bar relief) | Court held "prior conviction" under §1170.18(i) refers to any qualifying disqualifying conviction existing before the court rules on the petition; Walker’s murder conviction barred relief |
| Whether the second application/order could be appealed while the first appeal was pending | Respondent: the trial court lacked jurisdiction over the second application while the first appeal was pending; that order is a legal nullity | Walker sought relief via the second application and appealed its denial | Court dismissed the second appeal as the order was a nullity and proceeded to resolve the first appeal on the merits |
Key Cases Cited
- People v. Rivera, 233 Cal.App.4th 1085 (construing Prop. 47 context)
- People v. Zamarripa, 247 Cal.App.4th 1179 (interpreting §1170.18 and disqualification language)
- People v. Montgomery, 247 Cal.App.4th 1385 (holding timing of super strike conviction does not affect Prop. 47 disqualification)
- People v. Spiller, 2 Cal.App.5th 1014 (construing "prior conviction" under Prop. 36; contrasted with Prop. 47 analysis)
- People v. Superior Court (Henkel), 98 Cal.App.4th 78 (on use of voter information guide to determine voter intent)