People v. Williams CA2/5

Filed 2/13/26 P. v. Williams CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B345652

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA073548) v.

GARY W. WILLIAMS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, William L. Sadler, Judge. Affirmed. James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _____________________________

Gary W. Williams appeals from the trial court’s order rejecting the recommendation of the Secretary of the Department of Corrections and Rehabilitation (CDCR) for recall and resentencing under former Penal Code1 section 1170, subdivision (d) (§ 1172.1).2 In 2011, the jury found Williams guilty of two counts of burglary (§ 459) and three counts of robbery (§ 211). The jury found true firearm use allegations in all five counts. (§ 12022, subd. (a)(1).) At sentencing, Williams requested that the trial court dismiss two prior serious or violent felony convictions alleged under the Three Strikes law. (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d).) The court struck one of Williams’s prior strike convictions and sentenced him to 24 years in state prison. In 2020, the CDCR filed a letter with the trial court recommending that Williams’s sentence be recalled and that he be resentenced pursuant to former section 1170, subdivision (d). The CDCR’s recommendation was based upon an amendment to section 1385, which gives trial courts discretion to strike a prior serious felony conviction enhancement (§ 667, subd. (a)(1)) for purposes of enhancement, or to strike punishment for the enhancement. The trial court declined to exercise its discretion