People v. Williams CA5

STATEMENT OF THE CASE

Williams was charged on January 11, 2023, in count 1 with forcible rape (Pen. Code, § 261, subd. (a)(2))1; in count 2 with first degree residential burglary (§ 459); in count 3 with misdemeanor sexual battery (§ 243.4, subd. (e)(1)); and in count 4 with infliction of unjustifiable physical pain or mental suffering on an elder adult (§ 368, subd. (c)). It was also alleged that Williams had suffered a prior serious or violent felony (§ 1170.12, subd. (b) & 667, subd. (b)-(i)), plus aggravating factors pursuant to California Rules of Court, rule 4.421. On April 25, 2024, Williams pled no contest to count 1, forcible rape, and admitted the strike prior.2 The trial court granted the People’s motion to dismiss the remaining counts. On May 23, 2024, the trial court sentenced Williams to the middle term of six years, doubled to 12 years for the prior strike. Williams was awarded sentencing credits

All further statutory references are to the Penal Code unless otherwise stated. As noted by Williams in his opening brief, the oral record does not reflect that Williams admitted the aggravating factors as part of his stipulated plea. However, the April 25,…