The People v. Williamson CA5

FACTS

On May 17, 2008, Williamson was arrested after his girlfriend’s daughter reported that Williamson had been molesting her on an ongoing basis. On February 10, 2009, the district attorney filed an amended information charging Williamson with the counts he was convicted of and one count of continuous sexual abuse of a child (count 2/§ 288.5). On October 29, 2009, the court suspended criminal proceedings and committed Williamson to Atascadero State Hospital for treatment after finding Williamson incompetent to stand trial. On December 14, 2009, the court found Williamson had regained his competency and reinstated criminal proceedings. At a hearing on November 10, 2010, the prosecutor offered a stipulated, determinate sentence of 12 years for appellant’s plea to one count. Defense counsel asked the court for a few minutes so Williamson could consider the offer and the court eventually continued the matter two days.

All further statutory references are to the Penal Code.

2 On November 12, 2010, the court asked defense counsel if there had been a resolution of the matter and counsel advised the court there had not. The court then set a date for the pretrial. On March 25,…