People v. Williams CA2/1

BACKGROUND

1. Carjacking-related convictions An information filed May 9, 2002 charged defendant with kidnapping for carjacking, kidnapping to commit another crime, carjacking, kidnapping, second degree robbery, and attempted oral copulation in a correctional facility. The information alleged defendant had suffered prior convictions subjecting him to sentencing under the “Three Strikes” law as well as enhancements under sections 667, subdivision (a)(1) and 667.5, subdivision (b). On April 4, 2003, a jury found defendant guilty on all counts except the oral copulation count, which apparently was not presented to the jury. On November 14, 2003, the court, Judge P.H. Hickok presiding, sentenced defendant to life in prison on the kidnapping for carjacking count with a minimum parole date of 25 years. The court enhanced the sentence an additional 10 years under section 667, subdivision (a) for two

3 prior convictions. The court “imposed and stayed” the enhancement under section 667.5, subdivision (b). The court stayed sentence on the remaining counts under section 654. On January 19, 2005, the trial court modified defendant’s sentence on the carjacking-related charges after…