People v. Williams CA4/1

Filed 11/17/22 P. v. Williams CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D080566

Plaintiff and Respondent,

v. (Super. Ct. No. SCE197202)

ANTHONY M. WILLIAMS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Selena D. Epley, Judge. Affirmed. Anthony M. Williams, in pro. per.; and William Paul Melcher, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In December 2000, a jury convicted Anthony M. Williams of residential

burglary (Pen. Code,1 § 459) and unlawful taking and driving a vehicle (Veh. Code, § 10851, subd. (a)). The jury found Williams had suffered two strike

1 All further statutory references are to the Penal Code unless otherwise specified.

priors (§ 667, subds. (b)-(i)) and two serious felony priors (§ 667, subd. (a)(1)). Williams was sentenced to an indeterminate term of 35 years to life based on the strike priors and the serious felony priors. One of the serious felony/strike priors came from a juvenile case No. JDA87281. Williams appealed and this court affirmed the judgment as modified by striking the five-year term for the juvenile serious felony true finding.

(People v. Williams (Jan. 24, 2003, D038572, D038600).)2 In December 2021, Williams filed a motion to be resentenced on the theory his juvenile conviction should have been sealed and therefore unavailable to qualify as a strike. In April 2022, Williams filed a motion to seal his juvenile record and to seek a transfer hearing under Proposition 57. Williams requested a hearing pursuant to People v. Franklin (2016) 63 Cal.4th 261 (Franklin). He also requested resentencing of his three strikes sentence based on the contention the juvenile court finding of his prior serious felony should have been sealed. The trial court denied the motion in a written order. The court stated in pertinent part: “On April 18, 2022, Defendant filed the present motion in the Juvenile Division of the San Diego Superior Court setting forth case number JDA 87281. The Defendant’s juvenile case was adjudicated in 1995. As the juvenile case is final, the juvenile division does not have jurisdiction to consider and rule on the present motions filed by Defendant. Further, the issue relating to the use of Defendant’s juvenile adjudication is only relevant to his adult conviction. Thus, the motion was transferred to the East County Division where case number SCE 197202 was adjudicated.