People v. Vallery CA2/6

Filed 4/21/23 P. v. Vallery CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B321475 (Super. Ct. No. BA175507) Plaintiff and Respondent, (Los Angeles County)

v.

YKI JAMALL VALLERY,

Defendant and Appellant.

The separation of powers doctrine is enshrined in our Constitution. It states: “The powers of state government are legislative, executive, and judicial. Persons charged with the exercise of one power may not exercise either of the others except as permitted by this Constitution.” (Cal. Const., art. III, § 3.) Here, the California Department of Corrections and Rehabilitation (CDCR) recommended that a criminal sentence be recalled based on the defendant’s “exceptional conduct while incarcerated.” While such conduct is commendable, the trial court was not required to resentence the defendant to a specific term. The power to sentence, accomplished through the informed

exercise of discretion, belongs solely to judges. Yki Jamall Vallery appeals from the trial court’s order recalling his sentence of 75 years to life in state prison and resentencing him to 25 years to life. (See Pen. Code,1 § 1172.1.2) He contends the court: (1) disregarded the statutory presumption in favor of resentencing, and (2) did not state its reasons for rejecting the resentencing recommendation from the CDCR, which (3) deprived him of the ability to contest those reasons. We affirm. FACTUAL AND PROCEDURAL HISTORY In 2004, a jury convicted Vallery of first degree murder (§§ 187, subd. (a), 189, subd. (a)) and attempted premeditated murder (§§ 664/187, subd. (a)). The jury also found true allegations that Vallery committed his crimes for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) and that he personally used a firearm, discharged a firearm, and discharged a firearm causing great bodily injury or death while committing them (§ 12022.53, subds. (b)-(d)). The trial court sentenced him to 75 years to life in state prison. We affirmed the judgment on appeal. (See People v. Vallery (Feb. 14, 2006, B180800) 2006 WL 330101 [nonpub. opn.].) Sixteen years later, CDCR recommended that the trial court recall Vallery’s sentence and resentence him pursuant to