People v. Williams

I concur in the result. However, I do not believe People v. Edwards (1981) 117 Cal.App.3d 436 [ 172 Cal.Rptr. 652 ], is sound precedent.

I would affirm the judgment on the basis that the single enhancement limitation imposed by In re Culbreth (1976) 17 Cal.3d 330 [ 130 Cal.Rptr. 719 , 551 P.2d 23 ], has been fatally undermined by the determinate sentence law, since sentencing in general, and Penal Code section 12022.5 1 in particular, was changed by it. Under former section 12022.5 an initial indeterminate sentence of five years for firearm use was imposed and doubled for a second use and tripled for a third use. Under the determinate sentence law there is uniform punishment for all firearm use with an additional consecutive term of two years. It is inconsistent, if not illogical, to deny multiple firearm use enhancements for multiple offenses when punishment of a defendant who commits a violent crime on multiple victims may properly be increased by imposing consecutive sentences for multiple offenses.

The court in People v. Edwards, supra, reasoned the Legislature, when it last amended section 12022.5, did not address itself to the Culbreth issue and the court refused to rely…

An eight-count information charged David Lee Williams with (1) the robbery of Paul Burkhart (Pen. Code § 211), 1 (2) the robbery of Laura Rule (§ 211), (3) assault with intent to commit murder of Lloyd Waugh (§ 217), (4) assault with a deadly weapon on Peace Officer Lloyd Waugh (§ 245, subd. (b)), (5) taking of an automobile (Veh. Code § 10851), (6) possession of a sawed-off shotgun (§ 12020, subd. (a)), (7) assault with a deadly weapon on Laura Rule (§ 245, subd. (a)), and (8) assault with a deadly weapon on Peace Officer Teofilo Weston (§ 245, subd. (b)). All counts except count 5 alleged firearm use (§ 12022.5); a great bodily injury enhancement against Waugh was also alleged (§ 12022.7). After the denial of his section 1538.5 motion, Williams entered into a plea bargain pleading guilty to the first two counts of robbery, admitting the GBI enhancement and use of a firearm in each robbery. The remaining counts were dismissed. Williams’ sentence to prison for eleven and two-thirds years was Corn *996 puted as follows: count 1—five years (upper term for the robbery), two years for fire arm use plus three years for GBI to be served consecutively with count 2—one year for…