People v. Williams7/1/14 CA2/4

INTRODUCTION

A jury convicted defendant Joseph Williams of first degree residential robbery (§ 211), assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)) and kidnapping (§ 207, subd. (a)). As to each charge, the jury found that defendant had personally inflicted great -bodily injury upon the victim Melvin Chandler (§ 12022.7, subd. (a)) and that each offense was committed for the benefit of a street gang (§ 186.22, subd. (b)(1)(C).)

Following the return of the verdicts, defendant admitted that he had suffered two felony convictions alleged pursuant both to section 667, subdivision (a)(1) and the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and that he had served three prior prison terms pursuant to section 667.5, subdivision (b).

The trial court sentenced him to a term of 25 years to life on each count plus applicable enhancements for a total sentence of 93 years to life.

Defendant contends, inter alia, that because he received life sentences as a result of the Three Strikes law, the trial court erred in imposing a consecutive 10-year term for the gang enhancement on each count rather than the 15-year minimum…