P. v. Walker
Annotate this Case
Defendant argued that the trial court erred in (1) declining to strike the prior serious felony enhancement, (2) erred in imposing the prior serious felony enhancement twice—once for the assault with a deadly weapon count and again for the elder abuse count, and (3) erred in calculating custody credits by not calculating the time in custody between the date of his arrest and the date of his resentencing.
The Second Appellate District reversed in part to the extent the trial court failed to reflect the proper custody credits earned by Defendant, and the trial court is directed to calculate the appropriate credits. The court also directed the trial court to impose an 11-year sentence on the elder abuse count. Further, the court directed the trial court is to issue an amended abstract of judgment and forward it to the Department of Corrections and Rehabilitation. The court affirmed the trial court’s judgment in all other respects.
First, the court explained that the mitigating circumstance that exists when there are “[m]ultiple enhancements . . . in a single case” and specifies that “all enhancements beyond a single enhancement shall be dismissed” does not require the court to dismiss all but one of those enhancements in every case with multiple enhancements. Further, the court concluded that section 1385’s mandate to “afford great weight” to mitigating circumstances erects a rebuttable presumption that obligates a court to dismiss the enhancement unless the court finds that dismissal of that enhancement—with the resultingly shorter sentence—would endanger public safety.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.