Chris Francis Williams v. Ernest Roe, Warden

Appellant Chris Francis Williams appeals the district court’s denial of his petition for writ of habeas corpus. Williams challenges under the Ex Post Facto Clause the state court’s application of an amended version of California Penal Code § 654. The amended statute eliminated judicial discretion to impose a lower sentence afforded by the version in place at the time of Williams’ offense. We hold that application of the amended statute was an ex post facto violation.

Further, under our case law, such an error requires reversal without inquiring into its harmfulness. We therefore conditionally grant the writ of habeas corpus and remand.

FACTS

The indictment against Williams contained nine counts based on three separate incidents. Counts 1 and 2 (robbery) and counts 3, 4, and 5 (kidnaping for robbery) stemmed from a June 1996 incident at a Kragen Auto Parts Store in San Bernardi-no. Williams entered the store, pointed a gun at the clerk, and stated “This is a robbery” and “Give me all the money.” After the clerk put money into a box, Williams instructed another employee to carry the box and forced him and two other employees to accompany Williams approximately 200 yards to a…