The People v. Williams CA4/1

California Court of Appeal Aug 28, 2013 No. D063881Unpublished

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Holding. The court held that the trial court correctly denied the defendant's petition for resentencing under Penal Code section 1170.126 because his conviction for robbery with a great bodily injury enhancement disqualified him from relief.

Issues

Whether the trial court properly denied the petition for resentencing under section 1170.126.
Whether the trial court judge was the appropriate authority to rule on the petition.
Whether the trial court misapplied sections 667.5, subdivision (c)(8) and (c)(9).
Whether the defendant's physical condition or risk to public safety warranted sentence reduction.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The trial court denied the petition because Williams's 1995 conviction for robbery and the finding of great bodily injury in connection with that offense do not qualify for resentencing under section 1170.126, subdivision (e)(1).”

“Our review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably arguable appellate issues.”

Filed 8/28/13 P. v. Williams CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063881

Plaintiff and Respondent,

v. (Super. Ct. No. ECR10626)

STEVEN GREGORY WILLIAMS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, David J.

Danielsen, Judge. Affirmed.

Leslie A. Rose, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

In 1995 a jury convicted Steven Gregory Williams of robbery of Ellen Martin

(Pen. Code, § 211)1 and found he inflicted great bodily injury on her within the meaning

of section 12022.7, subdivision (a). It was found true that Williams had previously been

1 Statutory references are to the Penal Code.

convicted of two prior serious felonies (§ 667, subd. (a)(1)) that were also prior strike

convictions (§ 667.5, subd. (c)(9)). He was sentenced to a prison term of 35 years to life

(§ 1170.12, subd. (c)(2)).

In April 2013, Williams petitioned the trial court for resentencing under section

The People v. Williams CA4/1

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COURT OF APPAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063881

STEVEN GREGORY WILLIAMS,

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FACTS

DISCUSSION

DISPOSITION

HALLER, J.

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