People v. Walker CA6

Filed 6/10/22 P. v. Walker CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE H049341 (Santa Clara County Plaintiff and Respondent, Superior Court No. 146125)

v.

JEFFREY WALKER

Defendant and Appellant.

THE COURT 1 Defendant and appellant Jeffrey Walker appeals from an order denying his request for a finding of factual innocence pursuant to Penal Code section 851.5. 2 For the reasons set forth below, we dismiss the appeal. I. PROCEDURAL BACKGROUND On April 8, 1991, Walker was charged by information with forcible rape of T.T. (§ 261, subd. (a)(2); count 1), and unlawful sexual intercourse with T.T. as well (§ 261.5; count 3). He was also charged with forcible rape (§ 261, subd. (a)(2); count 2) involving a separate incident against victim M.T. Walker was held to answer on all of the charges following a preliminary examination. He submitted counts 2 and 3 for trial based on the preliminary examination

1 Before Greenwood, P.J., Lie, J. and Wilson, J. 2 Further statutory references are to the Penal Code.

transcript, police reports and a sexual assault investigation report. (Bunnell v. Superior Court (1975) 13 Cal.3d 592.) The district attorney dismissed count 1 and the trial court found Walker guilty of counts 2 and 3. He was sentenced to 2 years for unlawful sexual intercourse in count 2 and 3 years consecutive for the forceable rape in count 3. This court affirmed the judgment in People v. Walker (Oct. 6, 1994, No. H011846 [nonpub. opn.]). On September 27, 2016, Walker filed a section 851.8 motion for a finding that he was factually innocent of the forcible rape of T.T. that was charged in count 1 and dismissed at sentencing. The trial court denied Walker’s petition, finding that he had failed to show good cause for the over two-decade delay in filing the petition following the 1991 sentencing, and that he was held to answer on count 1 after a preliminary hearing and ultimately was convicted of a felony offense arising out of the same facts and circumstances. Walker filed a notice of appeal in March 2017. This court appointed counsel to represent him. In April 2017, appointed counsel filed an opening brief pursuant to People v. Serrano (2012) 211 Cal.App.4th 496 (Serrano), stating the case and facts, but raising no issues. We notified Walker of his right to submit written argument on his own behalf. On June 6, 2017, we dismissed the appeal as abandoned following Walker’s failure to file a supplemental brief. Walker filed a second section 851.8 petition in the trial court on March 26, 2021, claiming he had new information to prove his factual innocence, and arguing his involuntary commitment to a state hospital in 2016 prevented him from presenting these new facts during his 2017 section 851.8 proceedings. On April 19, 2021, the trial court denied Walker’s motion, finding he was ineligible for relief under section 851.8 because he was convicted of a felony based on the same charged conduct that formed the basis for count 1.