People v. Williams CA2/2

BACKGROUND

Defendant was charged with second degree burglary in violation of Penal Code section 459 (count 1),1 and three counts of soliciting, inducing, or encouraging a minor to commit a felony in violation of section 653j (counts 2, 3, 4). The information further alleged pursuant to sections 667, subdivisions (b) through (j) and 1170.12 that defendant had been convicted in 1985 of robbery, a serious or violent felony. After a court trial defendant was convicted of all four counts. The trial court found true defendant’s prior strike conviction and sentenced him on January 27, 2020. The court chose count 2 as the base term and sentenced defendant to the middle term of five years, doubled to 10 years as a second strike. The court imposed the middle term of five years on each of counts 3 and 4, and stayed the execution pursuant to section 654. On

All further unspecified code references are to the Penal Code.

2 count 1 the court imposed the high term of three years, doubled to six years as a second strike, stayed pursuant to section 654. The court imposed a $3,000 restitution fine as well as statutory fees and assessments. Defendant timely filed a notice of appeal from…