People v. Wadkins CA3

Filed 6/27/25 P. v. Wadkins CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C099851

Plaintiff and Respondent, (Super. Ct. No. 13F05944)

v.

JAMES WADKINS,

Defendant and Appellant.

While serving an indeterminate sentence for a conviction in San Bernardino County (the San Bernardino case), a jury in Sacramento County convicted defendant James Wadkins of possession of a weapon in a penal institution and battery by a state prisoner upon a non-confined person (the Sacramento case). Defendant also admitted a prior prison term enhancement under Penal Code,1 section 667.5, subdivision (b). In 2023, the trial court in the Sacramento case recalled and resentenced defendant under section 1172.75. At resentencing, defendant sought a full resentencing in both the San Bernardino and the Sacramento cases. The trial court concluded it lacked jurisdiction to resentence defendant in the San Bernardino case and only struck a prior

1 Undesignated statutory references are to the Penal Code.

1

prison term enhancement in the Sacramento case. Accordingly, it reduced defendant’s sentence in the Sacramento case from five years to four years. Defendant appeals from his resentencing under section 1172.75. He claims the trial court erred when it declined to resentence him in the San Bernardino case. He further contends that the trial court erred when it concluded it was required to sentence defendant to consecutive terms in the Sacramento case, and it was not aware of its sentencing discretion. We disagree and will affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND In 2004, a San Bernardino County jury convicted defendant of two counts of assault with a deadly weapon and one misdemeanor count of evading a police officer. (People v. Wadkins (2005) (May 11, 2005, E035745) [nonpub. opn.].) The jury also found true that defendant had two prior strike convictions. (Ibid.; §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) The trial court imposed a sentence of 25 years to life in state prison. (Wadkins, E035745, [nonpub. opn.].) In 2014, following an incident in prison where defendant manufactured a weapon and threw liquid at a guard, the People filed an amended information in Sacramento County Superior Court charging defendant with possession of a weapon in a penal institution (§ 4502, subd. (a)) and battery by a state prisoner upon a non-confined person (§ 4501.5). (People v. Wadkins (2015) (Dec. 14, 2015, C077408) [nonpub. opn.].) The information also alleged defendant had four prior strike convictions (§§ 667, subds. (b)- (i), 1170.12, subds. (a)-(d)) and two prior prison term enhancements (§ 667.5, subd. (b)). Defendant admitted one prior prison term enhancement, and the jury found defendant guilty on both counts. The People dismissed the other prior prison term allegation. The trial court sentenced defendant to five years, consisting of the midterm of three years on the possession of a weapon count, one-third the midterm for one year on the battery count, and one year for the prison prior. Citing to sections 4502, 4501.5, and People v. Hojnowski (2014) 228 Cal.App.4th 794, the trial court imposed the term