In re Williams CA4/3

FACTS AND PROCEDURAL BACKGROUND

In 1999, Williams was convicted of possessing heroin and cocaine. Williams had three “prison” priors and eight “strike” priors. The court imposed a total aggregate sentence of 25 years to life. In 2013, Williams filed a petition for resentencing under section 1170.126 (Proposition 36). Generally, Proposition 36 allows a person to file a petition for resentencing if he or she is currently serving a life sentence based on a “third strike” for a nonserious or nonviolent felony. (§ 1170.126.) In 2014, Williams filed a petition for resentencing under section 1170.18 (Proposition 47). Generally, Proposition 47 allows a person to file a petition for resentencing if he or she is currently serving a sentence for a felony, which could now be charged as a misdemeanor under current law. (§ 1170.18.) In 2016, the trial court conducted a consolidated evidentiary hearing to determine if Williams “would pose an unreasonable risk of danger to public safety.” (§§ 1170.126, subd. (f), 1170.18, subd. (b).) During the hearing, the district attorney introduced California Department of Corrections and Rehabilitation (CDCR) documents, which included records about the 2010…