People v. Williams

After entering a “slow plea” based on the preliminary hearing transcript, Norman Samuel Williams appeals from the judgment convicting him of murder (Pen. Code, § 187, subd. (a)), 1 rape (§ 261, subd. (2)) and first degree burglary (§ 459, former § 460, subd. 1). Williams also *149 appeals the court’s special circumstance findings based on the rape and burglary. (§ 190.2, subds. (a)(17)(iii), (a)(17)(vii).) The court sentenced Williams to life imprisonment without possibility of parole for the murder accompanied by special circumstances (§ 190.2, subd. (a)), and to concurrent upper terms of eight and six years, respectively, for the rape and burglary. (§§ 264, 461, subd. 1.) We modify the judgment of conviction by reducing Williams’ murder conviction from first to second degree and by striking the special circumstance findings. As modified, we affirm the judgment. We also remand the matter for resentencing on second degree murder and direct the court upon resentencing to stay the sentence previously imposed for rape.

Facts

Williams raped and murdered 11-year-old Deanna R. during the early morning hours of July 2, 1980, while burglarizing the apartment in which she…

I concur as to parts I, III and IV; I concur as to part II only under compulsion of Penal Code sections 1157 and 1192.

After entering a "slow plea" based on the preliminary hearing transcript, Norman Samuel Williams appeals from the judgment convicting him of murder (Pen. Code, § 187, subd. (a)), [1] rape (§ 261, subd. (2)) and first degree burglary (§ 459, former § 460, subd. 1). Williams also appeals the court's special circumstance findings based on the rape and burglary. (§ 190.2, subds. (a)(17)(iii), (a)(17)(vii).) The court sentenced Williams to life imprisonment without possibility of parole for the murder accompanied by special circumstances (§ 190.2, subd. (a)), and to concurrent upper terms of eight and six years, respectively, for the rape and burglary. (§§ 264, 461, subd. 1.) We modify the judgment of conviction by reducing Williams' murder conviction from first to second degree and by striking the special circumstance findings. As modified, we affirm the judgment. We also remand the matter for resentencing on second degree murder and direct the court upon resentencing to stay the sentence previously imposed for rape.

Williams raped and murdered 11-year-old Deanna R. during the early morning hours of July 2, 1980, while burglarizing the apartment in which she…