People v. Williams

In this case we are asked to decide whether Judicial Council of California Criminal Jury Instructions (2007-2008) CALCRIM No. 416, the uncharged conspiracy instruction, is constitutional. We uphold the instruction and reject claims that it impermissibly directs jurors to find that a conspiracy exists, reduces the burden of proof, and violates a defendant’s constitutional rights to a jury trial and due process of law.

Chester Williams appeals from a judgment following his conviction, after a jury trial, of selling cocaine base. (Health & Saf. Code, § 11352, subd. (a).) He admitted that he had served four prior prison terms, had a prior robbery conviction within the meaning of the “Three Strikes” law (Pen. Code, §§211, 667.5, subd. (b)-(i)), and had a prior drug-related conviction with a Health and Safety Code section 11370.2 enhancement. The trial court sentenced him to state prison for nine years, after doubling a low, three-year base term for selling cocaine base and imposing a consecutive three-year enhancement. (Pen. Code, § 667, subd. (e)(1); Health & Saf. Code, §§ 11352, subd. (a), 11370.2.) It also awarded him 160 days of actual presentence custody credit and 80…