People v. Walker CA3

Filed 2/4/22 P. v. Walker CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C094136

Plaintiff and Respondent, (Super. Ct. Nos. STKCRFE20040010240, v. SF093973A)

RAYMOND WALKER,

Defendant and Appellant.

Defendant Raymond Walker appeals from an order denying his postjudgment petition for resentencing under Penal Code section 1170.95.1 Defendant’s appointed counsel found no arguable issues and filed a brief under People v. Wende (1979) 25 Cal.3d 436, asking this court to independently review the record to determine whether there were any arguable issues on appeal. Defendant filed a supplemental brief challenging various components of his underlying conviction and sentence. After

1 Undesignated statutory references are to the Penal Code.

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examining the record, we find no arguable error that would result in a disposition more favorable to defendant and affirm the judgment. BACKGROUND We briefly summarize the relevant background from our opinion in defendant’s previous appeal from the underlying conviction. (People v. Walker (May 24, 2007, C051926) [nonpub. opn.] (Walker).)2 Chandrika Dip, a taxicab driver, picked up defendant as a fare in his cab and drove him to a number of locations, before reaching their final destination. (Walker, supra, C051926.) When Dip asked for the cab fare, defendant pulled a gun from his pocket and demanded Dip’s money. Dip told defendant he did not have any money and reached for defendant’s gun. Defendant shot him in the forehead and killed him. (Walker, supra, C051926.) Defendant turned off the cab engine and left the scene. When he arrived at his sister’s home later, he told her he had accidentally shot a cab driver after a struggle. He denied trying to rob the cab driver. (Walker, supra, C051926.) He repeated his claim that he accidentally shot the cab driver to other people, including his girlfriend. (Walker, supra, C051926.) Defendant was charged with first degree felony murder (§ 187), with a special circumstance allegation that the murder was committed while he was attempting to commit a robbery (§ 190.2, subd. (a)(17)), and attempted second degree robbery (§ 664/211), and firearm enhancements as to both counts (§§ 12022.53, subd. (d), 12022.5, subd. (a)). (Walker, supra, C051926.)3 The jury found defendant guilty of