People v. Williams CA2/5

Filed 5/22/15 P. v. Williams CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B260397

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA031805) v.

RODNEY ALLEN WILLIAMS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, William C. Ryan, Judge. Affirmed. California Appellate Project, Jonathan B. Steiner, Executive Director, Richard B. Lennon, Staff Attorney, under appointments by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Noah P. Hill, Deputy Attorney General, and Carl N. Henry, Deputy Attorney General, for Plaintiff and Respondent. _____________________________

Appellant Rodney Allen Williams was sentenced in 2000 to three consecutive indeterminate terms of 25-years-to-life in state prison pursuant to the three strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)).1 Two of the sentences were based on current offenses that were violent and/or serious felonies, but the third was not.2 In 2012 the voters enacted The Three Strikes Reform Act (Proposition 36), which in part created a procedure allowing an inmate sentenced to an indeterminate term under the three strikes law to petition the trial court for resentencing if the current offense is not a serious or violent felony. (§ 1170.126.) Williams filed a petition seeking resentencing only as to the one count of his current sentence that was not based on a serious or violent felony conviction. The superior court denied the petition on the basis that one of Williams’s convictions, for burglary with use of a firearm under section 12022.5, was a serious and violent felony rendering him ineligible for relief. Williams filed a timely notice of appeal. The issue in this appeal has been presented in a number of cases. Our Supreme Court has granted review to resolve the issue, which it describes in its “Pending Issues Summary” (last updated March 13, 2015) as follows: “Is an inmate serving an indeterminate term of life imprisonment under the Three Strikes Law (Pen. Code, §§ 667, subds. (b)-(j), 1170.12), which was imposed for a conviction of an offense that is not a serious or violent felony, eligible for resentencing on that conviction under the Three Strikes Reform Act if the inmate is also serving an indeterminate term of life imprisonment under the Three Strikes Law for a conviction of an offense that is a serious or violent felony?” (Pending Issues Summary, California Supreme Court (Mar. 13, 2015) <http://www.courts.ca.gov/documents/MAR1315crimpend.pdf> [as of Mar. 17, 2015], citing Braziel v. Superior Court, S218503. (B249830; 225 Cal.App.4th 933; Los Angeles Superior Court; BA183095); People v. Machado, S219819. (B249557; 226 Cal.App.4th 1044, mod. 226 Cal.App.4th 1376a; Los Angeles County Superior Court; YA036692.)