P.
P. v. Williams CA2/5
Opinion
Opinion
I. INTRODUCTION
A jury convicted defendant, Gary Wayne Williams, of two counts of first degree burglary (Pen. Code,1 § 459) and three counts of first degree home invasion robbery (§ 211). The jury further found there was another person present at the time of the burglaries and a principal was armed with a handgun in the commission of each offense. (§§ 460, subd. (a), 667.5, subd. (c)(21), 12022, subd. (a)(1).). The trial court found defendant had two prior serious or violent felony convictions (§§ 667, subds. (a)(1), (b)-(i), 1170.12) and had served prior separate prison terms (§ 667.5, subd. (b)). Defendant was sentenced to 24 years in state prison. We modify the judgment with respect to assessments and custody credit. We remand for an ability to pay hearing with respect to the local crime prevention programs fine (§ 1202.5, subd. (a)) and applicable penalties. We affirm the judgment in all other respects.
II. THE EVIDENCE
On January 29, 2010, near midnight, Jeffrey Glassberg and Jason Zelazny were at home in their living room in Santa Monica. A friend, Zachary Rittner, was visiting. Three men broke into the residence by kicking in the front door. They ordered the victims to…