People v. Williams CA2/1

Filed 6/25/25 P. v. Williams CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B337792

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA064979) v.

EARL WILLIAMS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Emily J. Cole, Judge. Vacated and remanded with directions. Jennifer A. Gambale, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Scott A. Taryle and David A. Voet, Deputy Attorneys General, for Plaintiff and Respondent. __________________________________

Appellant Earl Williams appeals the superior court’s judgment resentencing him under Penal Code section 1172.75, arguing the court erred by: (1) imposing and staying an enhancement under section 667, subdivision (a)(1) (section 667(a)(1)); and (2) failing to calculate his custody credits.1 The Attorney General agrees this was error. So do we. We therefore vacate the court’s judgment and remand with directions to strike the section 667(a)(1) enhancement and calculate Williams’s custody credits.

FACTUAL AND PROCEDURAL BACKGROUND2 In 2015, a jury convicted Williams of kidnapping to commit a lewd act upon a child and making criminal threats. For kidnapping, the court sentenced Williams to a total of 24 years, consisting of: (1) seven years to life, doubled to 14 years to life because of a prior strike; (2) five years under section 667(a)(1)3; and (3) five years under former section 667.5, subdivision (b).4