People v. Williams CA2/4

BACKGROUND

In 2016, defendant and appellant Shon Oliventa Williams pled no contest to carjacking as a second strike, and admitted he sustained a prior serious felony conviction, in exchange for the dismissal of an additional count and four prior “strike” allegations.2 The trial court sentenced Williams to 15 years in state prison, which included a five- year enhancement for the prior serious felony conviction. At the time of Williams’ plea and sentence, courts were prohibited from striking serious felony enhancements under section 667, subdivision (a)(1). In November 2021, the Secretary of California’s Department of Corrections and Rehabilitation (CDCR) sent a letter to the trial court invoking the sentence recall provision of section 1170, subdivision (d)(1). In the letter, the CDCR noted Williams’ sentence included a five-year enhancement imposed under section 667, subdivision (a)(1) and that

The underlying facts are not relevant to this appeal and are therefore not recounted here.

3 Senate Bill No. 1393 (2017-2018 Reg. Sess.) (Senate Bill 1393) had given courts the discretion to strike such enhancements.3 The CDCR recommended the court recall Williams’ sentence and…