People v. Williams CA2/3

DISCUSSION

After review of the record, appellant’s court-appointed counsel filed an opening brief which raised no issues and which asked this court to conduct an independent review of the record, under People v. Wende (1979) 25 Cal.3d 436, 441. By letter dated March 19, 2015, we advised appellant that he had 30 days to submit by brief or letter any contentions or argument he wished this court to consider. Williams submitted an untimely letter brief, which we allowed him to file on May 1, 2015. Williams’s letter brief raises the same argument made in the trial court; namely, “the use of prior plea bargains, that occurred prior to the enactment of the Three Strikes law” cannot “be utilized as strikes.” He also appears to argue that, under Descamps v. United States (2013) 570 U.S. __ [133 S.Ct. 2276] (Descamps), he was entitled to a jury trial on the issue of whether his conviction was serious or violent. A contention under Descamps was neither raised in the petition for recall nor considered by the trial court. In any event, Descamps held that a finding under the federal Armed Career Criminal Act that a prior conviction was for “a violent felony” may not be based on facts…