P. v. Walker CA1/2
Marcus Lawrence Walker appeals from convictions of attempted carjacking and making a criminal threat. He contends the trial court abused its discretion in admitting evidence of uncharged offenses; he was prejudiced by prosecutorial misconduct; the court impermissibly imposed double punishment; and the court abused its discretion in declining to strike a prior serious felony conviction for purposes of sentencing under the “Three Strikes” law. Additionally, based on recent statutory amendments, appellant seeks a remand to permit the trial court to consider striking the prior for purposes of a sentence enhancement that the court lacked discretion to strike at the time of sentencing. The Attorney General concedes the error with respect to double punishment. We will order that the judgment be modified to reflect that sentence on count 2 is stayed, remand the case for resentencing with respect to the enhancement, and otherwise affirm the judgment.
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