People v. Petty CA4/2

I.

INTRODUCTION

Defendant and appellant, William Joel Petty, appeals from the judgment entered 1 following a jury conviction for robbing a Sizzler restaurant (Pen. Code, § 211). The

court also found true allegations he had two prior strike convictions (§§ 667, subds. (c)

and (e)(1), 1170.12, subd. (e)(1)), two prior serious felony convictions (§ 667, subd. (a)),

and six prison priors (§ 667.5, subd. (b)). The trial court sentenced defendant to 25 years

to life, plus 14 years in prison.

Defendant contends the trial court violated his due process rights and state law by

instructing the jury to consider an eyewitness’s certainty when identifying defendant as

the perpetrator. Defendant also argues that, in accordance with Senate Bill No. 136

(2019-2020 Reg. Sess.), his four one-year prison priors must be stricken. In addition,

defendant argues the trial court erred in ordering him to pay fines, fees, and assessments,

because he demonstrated he did not have the ability to pay them.

As to defendant’s challenge to CALCRIM No. 315’s inclusion of certainty as a

factor to be considered in evaluating the accuracy of an identification, we initially

rejected that challenge as…