By Eva Smolen
AMADOR, CA – Every little bit helps. An appeals court last week made a defendant’s long sentence lighter. A little bit.
In July of 2014, Gregory Michael Wilson and his girlfriend, Dana June Knaul, were arrested by the Amador County Sheriff’s Office in connection with the death of a 26-year-old man. The victim was fatally stabbed in Pioneer after an argument erupted at a home gathering.
While both Wilson and Knaul initially denied having any involvement in the death of the victim, even going so far as concocting a story to tell to the police that blamed the events on a fictional “Mike Wright,” Wilson later admitted to the stabbing.
In his testimony, Wilson claimed that the victim lunged toward him after threatening to kill people. The defendant said he responded to this by drawing his knife and stabbing the victim, a series of actions he later described as “a reaction.”
The case was brought in front of a jury and Wilson was found guilty of second degree murder and sentenced to 15 years to life for that, with two consecutive one year terms for deadly weapon enhancement and his prior prison term—felon in possession of a firearm.
On appeal, Wilson contended the trial court erred in failing to instruct the jury on multiple occasions. He maintained that the jury should have been told that deadly force is justified when defending against certain common law felonies.
Wilson also contended that the court failed to instruct the jury on section 198.5 of the Home Protection Bill of Rights. He argued that this section provides a presumption in his favor. Finally, Wilson contended the court failed to provide the jury with verdict forms for voluntary manslaughter.
Wilson also claimed that these many errors cumulatively required reversal and that “his prior prison term enhancement should have been struck in light of Senate Bill No. 136.”
SB 136 was signed into law on Oct. 8, 2019, by Gov. Gavin Newsom. This new law amended Penal Code § 667.5(b), making the one year prison prior sentence enhancement only applicable if the defendant served a prior prison term for a sexually violent offense.
While the Court of Appeal, 3rd District, found most of Wilson’s contentions meritless, it concurred that the defendant was entitled to the ameliorative benefit of SB 136 and struck the one year prison term originally imposed under Penal Code section 667.5, subdivision (b).
The defendant retains his 15 years to life for the murder charge, but now only has one year additional time.
