People v. Williams

After his motion to suppress evidence was denied, appellant Tommy Royce Williams pleaded no contest to one count of possession of methamphetamine in violation of Health and Safety Code section 11377, subdivision (a), a felony. He waived jury trial on allegations that he had suffered two prior felony convictions pursuant to Penal Code section 667, subdivisions (c)-(j) and that he had served two prior separate prison terms pursuant to section 667.5, subdivision (b). The court found both strike priors and one of the separate prison term allegations to be true. The other prior prison term allegation was found not true.

Appellant objected on grounds of insufficient evidence to the court’s using one of the prior convictions as a strike for sentencing. He also asked the court to strike one of the priors in the interest of justice, and alternatively moved to reduce the present offense to a misdemeanor. The objection, request, and motion were all denied. Appellant was sentenced to 25 years to life in prison with 288 days’ credit for time served.

On appeal Williams contends the trial court erred in denying his suppression motion. He further argues that the evidence was…