People v. Williams

Defendant and appellant Charles Edward Williams appeals from a judgment after a jury trial in which he was convicted of three counts of second degree robbery and two counts of grand theft person with findings that two of the victims were sixty-five years of age or older, that defendant intentionally inflicted great bodily injury on one of the victims, and that he had suffered three prior serious felony convictions. On appeal, he contends: (1) trial counsel was ineffective in failing to suppress pretrial and in-court identifications of him as the perpetrator; (2) the trial court erred in denying his motion for substitute counsel to present a motion for new trial based on ineffective assistance of counsel; (3) there is insufficient evidence to support *1468 a conviction for one of the counts of grand theft person; (4) the trial court erred in imposing a sentence for the elderly victim enhancement on a subordinate nonviolent felony; and (5) the trial court erred in failing to stay the sentences for two counts of grand theft person pursuant to Penal Code section 654. In the published portion of the opinion, we reverse the conviction of one count of grand theft person and…

I concur in the majority opinion except for that portion of the disposition which dismisses the felonious grand theft conviction under count 3. Although defendant may not be convicted of grand theft person, the act of taking the purse was a petty theft, a lesser included offense of grand theft person. (People v. McElroy (1897) 116 Cal. 583, 584 [ 48 P. 718 ].) Therefore, I would reduce the offense to petty theft pursuant to Penal Code section 1260 and remand for resentencing on the misdemeanor count.

A petition for a rehearing was denied October 22, 1992, and respondent’s petition for review by the Supreme Court was denied December 30, 1992. Panelli, J., of the opinion that the petition should be granted.

[Opinion certified for partial publication. [*] ]

OPINION

GRIGNON, J.

Defendant and appellant Charles Edward Williams appeals from a judgment after a jury trial in which he was convicted of three counts of second degree robbery and two counts of grand theft person with findings that two of the victims were sixty-five years of age or older, that defendant intentionally inflicted great bodily injury on one of the victims, and that he had suffered three prior serious felony convictions. On appeal, he contends: (1) trial counsel was ineffective in failing to suppress pretrial and in-court identifications of him as the perpetrator; (2) the trial court erred in denying his motion for substitute counsel to present a motion for new trial based on ineffective assistance of counsel; (3) there is insufficient evidence to support a conviction for one of the counts of grand theft person; (4) the trial court erred in imposing a sentence for the elderly victim enhancement on a subordinate nonviolent felony; and (5) the trial court erred in failing to stay the sentences for two counts of grand theft person pursuant to Penal Code section 654. In the published portion of the opinion, we reverse…