People v. Wilkerson CA2/8

Filed 2/10/25 P. v. Wilkerson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B334616

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA104954) v.

MARQUIS ANTHONY WILKERSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Tony Cho, Judge. Affirmed. Cynthia L. Barnes, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Kenneth C. Byrne and Deepti Vaadyala, Deputy Attorneys General, for Plaintiff and Respondent.

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People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) held that Penal Code section 1385, subdivision (a) permits a trial court “to strike prior felony conviction allegations in cases brought under the Three Strikes law.” (Romero, at pp. 529-530.) Defendant and appellant Marquis Anthony Wilkerson, who admitted two prior strike convictions, was sentenced as a third strike offender. He appeals from the judgment of conviction, contending the trial court abused its discretion in declining to strike one of his prior convictions. We find no abuse of discretion and therefore affirm. FACTUAL AND PROCEDURAL SUMMARY In 2023, defendant was convicted by jury of 10 felonies arising from a series of assaults he committed against his former girlfriend and her brother, among them attempted voluntary manslaughter (Pen. Code, §§ 192, 664), assault with a semiautomatic firearm (§ 245, subd. (b)), kidnapping (§ 207, subd. (a)), domestic violence causing injury (§ 273.5, subd. (a)) and making criminal threats (§ 422, subd. (a)). Both victims sustained serious injuries in the attacks, including broken bones and gunshot wounds. The jury found true personal firearm use allegations, infliction of great bodily injury allegations, and allegations that several of the offenses involved a high degree of cruelty, viciousness and callousness. In a bifurcated proceeding before the court, defendant admitted two prior strike convictions, a 2013 first degree burglary conviction and a 2021 robbery conviction. Defendant filed a Romero motion, asking the court to strike his 2013 burglary conviction. The court denied the motion, explaining that defendant’s convictions were “numerous,” and he had continued to commit multiple offenses since that 2013 conviction. The court imposed a third strike sentence pursuant to Penal Code section 667, subdivisions (b) through (i) and section 1170.12,