People v. Williams CA2/5

BACKGROUND

Williams was convicted of the following offenses: count 1—first degree residential burglary (§ 459); counts 2 and 5—false imprisonment by violence or menace (§ 236); and count 4—receiving stolen property (§ 496.) The jury found Williams personally used a firearm in the commission of the burglary and false imprisonment counts. (§ 12022.5.) The trial court imposed consecutive indeterminate 25-years-to-life sentences for the convictions of burglary, one of the false imprisonments, and receiving stolen property. A concurrent term was imposed on the second count of false imprisonment. Ten-year enhancements were added for the firearm use findings. The judgment was affirmed by this court on appeal. On October 30, 2014, Williams filed his petition for recall of the receiving stolen property sentence in count 4 pursuant to section 1170.126. A modified petition was filed on October, 31, 2014. The superior court denied the petition with prejudice. The court noted that Williams was convicted of first degree burglary and the jury found he has used a firearm, making the offense a violent felony under section 667.5, subdivision (c)(8), rendering Williams ineligible for relief. (§…