People v. Walker CA2/3

Filed 9/29/20 P. v. Walker 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B292956

Plaintiff and Respondent, Los Angeles County Super. Ct. No. MA059355 v.

DETRICK WALKER, JR.

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Charles A. Chung, Judge. Conditionally reversed and remanded with instructions. Paul Kleven, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Acting Assistant Attorney General, Steven D. Matthews and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION

Defendant Detrick Walker, Jr., was convicted of attempted premeditated murder, carjacking, and attempted robbery with gun and great-bodily-injury enhancements. On appeal from the trial court’s decision not to strike the firearm enhancements, defendant asks us to remand to allow him to seek mental health diversion under Penal Code1 sections 1001.35 and 1001.36, which he contends apply retroactively to him. We conditionally reverse the judgment and remand for the trial court to conduct a diversion eligibility hearing. Defendant also argues that we should strike the restitution fine and certain fees because he lacks the ability to pay them. We conclude, however, that he forfeited his challenge to the fine and fees.