People v. Walker CA2/4

Filed 9/21/20 P. v. Walker CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B300990

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA301788) v.

JOSEPH ANTHONY WALKER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Craig E. Veals, Judge. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.

INTRODUCTION In February 2007, as part of a plea bargain, appellant Joseph Anthony Walker pled no contest to assault with a firearm, in violation of Penal Code section 245, subdivision (a)(2).1 The court dismissed counts for attempted murder and being a felon in possession of a firearm, and sentenced him to 18 years: four years for violating section 245, doubled to eight years for a previous strike, with an additional 10 years as an enhancement under section 12022.5, subdivision (a), for personally using a firearm during the commission of a felony. In July 2019, appellant moved to modify his sentence to strike the 10-year enhancement under section 12022.5 for various reasons, including that the imposition of the enhancement violated section 654.2 The trial court denied the motion. Appellant timely filed a “Notice of Appeal” stating, in part, that he was “appeal[]ing the court[’s] recent denial of relief to modify the current conviction or sentence under the [C]alifornia Penal [C]ode section 654 statutory provision” because the court’s denial “failed [to] support a

1 “Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years . . . .” (Pen. Code, § 245, subd. (a)(2).) All further statutory references are to the Penal Code. 2 “Section 654 prohibits multiple punishment for a single physical act that violates different provisions of law.” (People v. Jones (2012) 54 Cal.4th 350, 358.)