People v. Williams

This is Williams’ second appeal to this Court in this case. In our first opinion, filed September 28, 1973 (nonpublished, hearing denied), this matter was returned to the trial court for resentencing because of confusion in the handling of two prior convictions at the time of sentencing. At resentencing the trial court struck the two prior convictions and otherwise left the sentence the same as before. Williams was sentenced to prison for consecutive terms prescribed by law for robbery, and for assault with a deadly weapon, with the additional penalty under Penal Code section 12022.5 for having used a firearm.

On this appeal Williams claims the Penal Code section 3024, subdivision (d) prohibition of minimum time exceeding 10 years applies to him. He reasons the minimum terms of 5 years for robbery, 6 months for assault with a deadly weapon, plus 5 years under Penal Code section 12022.5, totaling IOV2 years, is improper under section 3024, subdivision (d) which states: “The following shall be the minimum term of sentence and imprisonment in certain cases, notwithstanding any other provisions of this code, or any provision of law specifying a lesser sentence:

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