People v. Williams CA5

INTRODUCTION

Appellant sexually assaulted three victims in separate incidents. A jury convicted him of five counts of lewd act upon a child under 14 years of age (Pen. Code, § 288, subd. (a); counts 1, 2, 5, 6, and 7),1 one count of sodomy upon a child under 14 years of age (§ 286, subd. (c)(1); count 3), and one count of forcible rape (§ 261, subd. (a)(2); count 4). Appellant was also found to have had multiple victims (§ 667.61, subd. (e)(4)), to be a habitual sex offender (§ 667.71), and to have suffered two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), a prior serious felony conviction (§ 667, subd. (a)(1)), and a prior sex offense (§ 667.61, subds. (a) & (d)). He was sentenced to 480 years to life in state prison. On appeal, appellant contends the information and jury instructions contained an inaccurate date range that included a window of time after one of the victim’s 14th birthday, there was insufficient evidence that one of the victims was under the age of 14 at the time of the offenses, the jury never made an express finding that he suffered two prior strikes, and the trial court erred in admitting evidence of his prior convictions…