P. v. Williams CA3

Filed 6/25/13 P. v. Williams CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C070963

Plaintiff and Respondent, (Super. Ct. No. SF118317A)

v.

BILLY DEWAYNE WILLIAMS,

Defendant and Appellant.

A jury convicted defendant Billy Dewayne Williams of two counts of carjacking (Pen. Code, § 215, subd. (a); unless otherwise stated, all statutory references that follow are to the Penal Code; counts 1 & 2), two counts of second degree robbery (§ 211; counts 3 & 4), and one count of dissuading a witness (§ 136.1, subd. (b)(1); count 5). The jury found that defendant personally used a firearm in connection with all counts (§ 12022.53, subd. (b) (counts 1-4); § 12022.5, subd. (a) (count 5)). The court sentenced defendant to state prison for an aggregate term of 30 years eight months.

1

Defendant appeals, contending the trial court committed sentencing error. We will vacate the sentence and remand for resentencing.

FACTS AND PROCEEDINGS In the evening on August 10, 2011, Robert Older and Shane Jauregui stopped at a gas station in Stockton. They were traveling to Sacramento from southern California, stopping in Stockton as well, to sell audio and video equipment out of the back of their vehicle. At the gas station, Older saw defendant who was putting air into his car tires. Older showed defendant the equipment worth more than $50,000 at retail and defendant asked how much for a projector. After agreeing on a price, defendant pulled out a bundle of cash, saying it was $5,000, and saying that he wanted to make a deal for all the equipment but could not fit it all in his car. Older and Jauregui followed defendant to a parking lot behind a grocery store to make the deal. Defendant had Older and Jauregui wait in the parking lot while defendant drove home to drop off other passengers in the car. Five minutes later, defendant returned with two men. After defendant got out of his car and Older got out of his vehicle, they greeted one another and discussed where to drop the equipment. Defendant then put Older in a headlock and held a gun to his neck. Defendant ordered Jauregui out of the passenger seat of the vehicle and one of defendant’s cohorts opened Jauregui’s door, pulling him out. Defendant and his cohorts stole the victims’ wallets and other items from their pockets and threatened the victims telling them not to call the police, stating that they knew where the victims lived. When defendant’s accomplice started to take a box from the victims’ vehicle, defendant ordered him to stop and to just take the vehicle. After throwing Older to the ground, defendant got in his car and drove away. Defendant’s cohort got in the victims’ vehicle and drove off with all the equipment. Older and Jauregui called the police and identified defendant from a photo lineup.