People v. Williams CA1/5

Filed 11/30/22 P. v. Williams CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A162867 v. EZRA WILLIAMS, (Humboldt County Defendant and Appellant. Super. Ct. No. CR1700653)

Defendant received a sentence of 51 years to life after being convicted of three counts of second degree robbery (Pen. Code, § 211; counts 1–3)1 and admitting two prior serious felonies (former § 667, subd. (a)) and two prior strike convictions (former § 667, subds. (b)–(i)). To reach this sentence, the trial court dismissed defendant’s prior strikes as to counts 2 and 3 but imposed 10-year terms for his two prior serious felonies. When defendant’s sentencing hearing was held in September of 2018, section 667, subdivision (a) required a five-year enhancement for each prior serious felony, and the trial court had no discretion to strike it. (Former §§ 667, subd. (a), 1385, subd. (a).) However, on January 1, 2019, Senate Bill No. 1393 (2017–2018 Reg. Sess.) went into effect. This bill amended former

1 Unless otherwise stated herein, all statutory citations are to the Penal Code.

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sections 667 and 1385 by eliminating the restriction on a trial court’s ability to strike a prior serious felony enhancement. (Sen. Bill No. 1393 (2017–2018 Reg. Sess.).) Based on this change, defendant successfully argued on appeal that the amendatory statutes applied retroactively and required the court to remand his case to the trial court for reconsideration. On April 22, 2020, we affirmed defendant’s conviction but returned the matter to the trial court to exercise its new discretion to consider whether to strike any of defendant’s prior serious felonies.2 (People v. Williams (Apr. 22, 2020, A155671) [nonpub. opn.].) On remand from our prior opinion, the trial court reconsidered defendant’s sentence under the newly amended statutes but, ultimately, declined to strike any of the prior serious felony enhancements. The trial court thus confirmed defendant’s sentence of 51 years to life. Now before this court a second time, defendant contends the trial court’s refusal to strike any of the serious felony enhancements pursuant to the amendatory versions of sections 667 and 1385 was an abuse of discretion and a violation of his constitutional rights to due process and a fair trial. We disagree and affirm his sentence. FACTUAL AND PROCEDURAL BACKGROUND Between December 23, 2016, and January 20, 2017, defendant committed three armed robberies in the City of Eureka. In the first robbery, on December 23, 2016, defendant and an accomplice entered a bank wearing bandannas and carrying what appeared to be handguns. They ordered the people present to get down, not to press any alarms, and to hand over money. They escaped with about $11,000 from a teller as well as money from a