People v. Williams

Following trial by jury, defendant Dexter Williams was convicted of two counts of kidnaping in violation of Penal Code section 207, subdivision (a). A separate trial on the allegations of prior convictions resulted in a “true” finding for two prior serious felony convictions in violation of Penal Code section 667, subdivision (a), one within the meaning of section 667.5, subdivision (b) and one within the meaning of section 1203, subdivision (e). He was sentenced to state prison for a total term of nineteen years eight months, which included five years each for the section 667, subdivision (a) convictions.

Defendant’s appeal from the judgment advances three contentions: (1) the court improperly denied his request to represent himself; (2) the evidence of kidnaping was insufficient to sustain a conviction; and, (3) he was improperly sentenced for two prior serious felony convictions because they were not brought and tried separately. Finding merit only in the third contention, we affirm the convictions, vacate the sentence, and remand for resentencing only.

Factual and Procedural Background

On January 30, 1987, at approximately 8:45 p.m., Jane Walker and her…