People v. Williams

McDONALD, J.

Benny W. Williams appeals a judgment following his jury conviction on 36 counts of robbery (Pen.Code, § 211) [1] and one count of vehicle theft (Veh.Code, § 10851). Williams contends: (1) the trial court erred by denying his Faretta [2] request to represent himself; (2) there is insufficient evidence to support his conviction on one robbery count for which there is no evidence that the alleged victim was present; (3) there is insufficient evidence to support his conviction on 22 robbery counts for which there is no evidence the alleged robbery victims actually or constructively possessed the property taken; (4) the trial court erred by not instructing on the meaning of possession or constructive possession as an element of robbery; (5) the trial court erred by finding his prior Oregon attempted robbery conviction was a serious felony conviction under California's sentencing laws; (6) the trial court erred by excluding evidence that would have shown his prior California assault conviction was not a serious or violent felony under California's sentencing laws; and (7) the prosecutor violated his due process rights by presenting false evidence on his prior California…