People v. Williams

Filed 1/26/18 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (El Dorado) ----

THE PEOPLE, C080351

Plaintiff and Respondent, (Super. Ct. No. S02CRF0150)

v.

STEVEN MARK WILLIAMS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of El Dorado County, Steven C. Bailey, Judge. Reversed with directions.

Michael Satris, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris and Xavier Becerra, Attorneys General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman, Raymond L. Brosterhous II and Kevin M. Cornwall, Deputy Attorneys General, for Plaintiff and Respondent.

1

Defendant Steven Mark Williams appeals from the trial court’s denial of his petition for resentencing under the Three Strikes Reform Act of 2012 (the Act). (See Pen. Code, § 1170.126.)1 He contends the trial court abused its discretion in finding that resentencing would pose an unreasonable risk to public safety and the court erred in failing to apply the definition of unreasonable risk to public safety enacted by Proposition 47 (The Safe Neighborhoods and Schools Act of 2014). We shall reverse. BACKGROUND In 2002 defendant was incarcerated at Folsom State Prison for a term of 93 years to life for convictions of robbery (§ 211), second degree burglary (§ 459), and escape (§ 4532, subd. (b)) under the three strikes law along with various enhancements. On June 3, 2002, while in a Nevada County courtroom to address additional charges, defendant escaped. On June 5, 2002, he entered a bank in El Dorado County, claimed he had a gun, and obtained over $2,000 from a teller. He was later apprehended while walking down a road in Auburn. After his apprehension, defendant admitted to an officer he was addicted to methamphetamine and was using the drug while on the run. He appeared to be delusional, claiming that people were following him the entire time he was out. On May 2, 2003, defendant was returned to Nevada County and was convicted by plea to grand theft (§ 487), unlawful driving or taking of a vehicle (Veh. Code, § 10851), and escape. The trial court imposed a three strikes sentence of 75 years to life, consecutive to the previous 93 years to life term, for a total term of 168 years to life. Defendant was subsequently charged in El Dorado County with robbery and second degree burglary with three strikes (§ 667, subds. (b)-(i)) and five prior prison term allegations (§ 667.5, subd. (b)). He pleaded guilty to grand theft and admitted three