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One-Year Prior Prison Term Enhancement Struck

California v. Wilson Court: California Courts of Appeal, Docket: C083772 (Third Appellate District), Opinion Date: August 11, 2021. A jury found defendant Gregory Wilson guilty of second degree murder. He was sentenced to 17 years to life. On appeal he contended the trial court erred in failing to: (1) instruct the jury sua sponte on defenses arising from the use of deadly force to protect against common law felonies; (2) instruct sua sponte on the Home Protection Bill of Rights presumption; and (3) provide the jury with verdict forms for voluntary manslaughter. He also contended: (4) the errors cumulatively required reversal; (5) his prior prison term enhancement should have been struck in light of Senate Bill No. 136; and (6) the imposition of certain fines and fees were unlawful in light of California v. Dueñas, 30 Cal.App.5th 1157 (2019). The Court of Appeal concurred defendant was entitled to the ameliorative benefit of Senate Bill 136 and struck the one-year prior prison term; the Court affirmed in all other respects.

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