People v. Williams CA3

I. BACKGROUND

The facts underlying defendant’s convictions are not relevant to this appeal, but a detailed summary can be found at People v. Williams (Sept. 25, 2023, C095180) [nonpub. opn.] (Williams).1 In 2021, a jury found defendant guilty of two counts of second degree robbery (Pen. Code, § 211)2 and, as to each count, found true a personal use of a firearm enhancement (§ 12022.53, subd. (b)). The trial court sentenced defendant to a term of 16 years in prison, which included an upper term sentence on one of the robbery convictions. (Williams, supra, C095180.) The court selected the upper term because “defendant ha[d] a significant and increasingly serious criminal record, including seven prior felony convictions, one of which was for robbery.” (Ibid.) On direct appeal from the judgment, defendant asserted, among other things, that following passage of Senate Bill No. 567

1 On our own motion, we take judicial notice of our prior opinion in Williams, supra, C095180. (Evid. Code, §§ 452, subd. (d), 459, subd. (a).) 2 Undesignated statutory references are to the Penal Code.

2 (2021-2022 Reg. Sess.) the trial court could not impose the upper term on his robbery conviction based…