Neuschmid
(HC) Williams v. Neuschmid
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BILLY DEWAYNE WILLIAMS, No. 2:18-cv-2954-MCE-EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT NEUSCHMID, Respondent. 16 Petitioner is a California state prisoner who, represented by counsel, brings an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He was convicted in the San Joaquin County Superior Court of two counts of carjacking (Pen. Code, § 215, subd. (a)), two counts of second degree robbery (§ 211); and one count of dissuading a witness (§ 136.1, subd. (b)(1)). ECF No. 12-8 at 8. Firearms enhancements pursuant to §§ 12022.5(a)(1) and 12022.53(b) were applied to each count. ECF No. 12-8 at 8. The immediate habeas petition raises the following claims: (1) he is entitled to resentencing with respect to his firearm enhancements under California Senate Bill 620; and (2) that the state court violated the prohibition against double jeopardy when it imposed a consecutive – rather than concurrent…