People v. Williams

Good Law
10 Cal. App. 4th 1389·13 Cal. Rptr. 2d 379·1992 Cal. App. LEXIS 1307·92 Daily Journal DAR 15184·92 Cal. Daily Op. Serv. 9173
Court of Appeal of CaliforniaNovember 10, 1992C011922California4,155 words

Opinion

Lead Opinion

Nicholson, J.

*1391 Opinion

A jury convicted defendant Stephon Lamar Williams of possession of cocaine base for sale within 1,000 feet of a public high school (Health & Saf. Code, §§ 11351.5 and 11353.6—count 1), battery on a police officer (Pen. Code, § 243, subd. (b)—count 2), and resisting a police officer (Pen. Code, § 148, subd. (a)—count 3). The court found Williams had violated probation imposed in an unrelated case. It also found true three of four allegations involving prior convictions. Williams was sentenced to 12 years in prison.

On appeal, Williams challenges various evidentiary rulings, asserts prosecutorial misconduct warrants reversal, and argues there was insufficient evidence to support the public school enhancement.

In the published part of this opinion, we reject Williams’s last contention. In the unpublished portion, we find no merit in his remaining claims of error. Accordingly, we affirm the judgment.

Factual and Procedural Background

On July 23, 1990, Sacramento City Police Officers John Kingsbury, Michael Peters, and Robert Ramirez, and University of California, Davis, Police Officer David Robinson were working the graveyard shift in the Oak Park area of…

Concurring Opinion

Raye, J.

I concur, and as to part I, section B, I concur in the result only.

A petition for a rehearing was denied December 8, 1992, and the opinion was modified to read as printed above. Appellant’s petition for review by the Supreme Court was denied February 24, 1993.

Opinion

[Opinion certified for partial publication. [*] ]

OPINION

NICHOLSON, J.

A jury convicted defendant Stephon Lamar Williams of possession of cocaine base for sale within 1,000 feet of a public high school (Health & Saf. Code, §§ 11351.5 and 11353.6 — count 1), battery on a police officer (Pen. Code, § 243, subd. (b) — count 2), and resisting a police officer (Pen. Code, § 148, subd. (a) — count 3). The court found Williams had violated probation imposed in an unrelated case. It also found true three of four allegations involving prior convictions. Williams was sentenced to 12 years in prison.

On appeal, Williams challenges various evidentiary rulings, asserts prosecutorial misconduct warrants reversal, and argues there was insufficient evidence to support the public school enhancement.

In the published part of this opinion, we reject Williams's last contention. In the unpublished portion, we find no merit in his remaining claims of error. Accordingly, we affirm the judgment.

On July 23, 1990, Sacramento City Police Officers John Kingsbury, Michael Peters, and Robert Ramirez, and University of California, Davis, Police Officer David Robinson were working the graveyard shift in…

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