People v. Winn
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Winn was convicted of first-degree murder for the stabbing death of Derrington after Derrington had Winn and his wife evicted from their home. The jury found true a deadly weapon enhancement. Winn admitted he had previously served five prior prison terms. The court imposed a total term of 31 years to life in prison, including five one-year terms for the prior prison term enhancements. The court of appeal affirmed, rejecting arguments that the trial court erred by admitting a photograph of the victim taken before the offense; that trial counsel was ineffective for failing to object to the photograph; and that the court erred during a post-verdict Marsden hearing by failing to inquire into Winn’s claim that his counsel deprived him of the opportunity to testify in his defense.
The Supreme Court transferred the matter back for reconsideration in light of Senate Bill No. 136, amending Penal Code section 667.5(b) to allow the imposition of a one-year enhancement for a prison prior term only if the prior conviction is for a sexually violent offense. The Attorney General conceded that because Winn’s conviction is not yet final, he is entitled to the retroactive benefit of the amendment. The court of appeal struck the prior prison term enhancements and modified the sentence. Admission of the photograph was harmless error; there was no reasonable likelihood the jury would have reached a more favorable outcome had it been excluded.
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