People v. Wilson CA2/3

Filed 5/27/25 P. v. Wilson CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B336471

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA143106) v.

DERREL LESTER WILSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael Villalobos, Judge. Affirmed. S.R. Balash, Jr., 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, Scott A. Taryle and Sophia A. Lecky, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

In 1997, Derrel Wilson was convicted of a crime and sentenced under the “Three Strikes” law. The sentencing court also imposed one-year prison priors under Penal Code1 section 667.5, subdivision (b). After the enactment of section 1172.75, which invalidated most one-year prison priors, Wilson was resentenced under that section. The trial court struck some of his prison priors and reimposed the three strikes sentence. Wilson appeals and contends that the trial court failed to consider its discretion to dismiss his strikes under section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). We disagree and affirm the order. BACKGROUND In 1997, a jury convicted Wilson of felony unlawful driving or taking a vehicle (Veh. Code, § 10851, subd. (a)). The court then found that Wilson had four priors under section 667.5, subdivision (b) and prior convictions within the meaning of the Three Strikes law. That same year, the court sentenced Wilson to a third strike sentence of 25 years to life plus four years for each of the section 667.5, subdivision (b), one-year priors. In 2023, the Department of Corrections and Rehabilitation identified Wilson as eligible for resentencing. The trial court scheduled a hearing. Before the hearing, Wilson’s counsel submitted a brief asking that Wilson’s four 1-year priors be dismissed under section 1172.75, for a full resentencing, and that he be resentenced as a second striker. In the brief, counsel declared that Wilson was not seeking relief under Proposition 36, The