People v. Williams CA2/2

BACKGROUND

In 2009, defendant and two codefendants, Kamaron Walker and Juan Villatoro, were charged with the 2007 murder of Dion Holloway in violation of section 187, subdivision (a).2 The information alleged pursuant to section 12022.53, subdivisions (b), (c), (d), (e), and (e)(1), that defendant and a principal personally used and intentionally discharged a handgun and that the crime was committed in association with a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(C). For purposes of section 667, subdivision (a)(1) and the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), it was alleged that defendant had been convicted of a prior serious or violent felony. A jury convicted Walker of first degree murder and defendant of second degree murder. The court found defendant’s prior conviction allegation true. The jury found true

All further statutory references are to the Penal Code, unless otherwise indicated. Prior to trial Villatoro was allowed to plead guilty to being an accessory and received a sentence of 12 years in prison.

2 the allegation that Walker had personally and intentionally discharged a firearm, which…