People v. Williams

• Decision Date: 01 July 2014
• Docket Number: B247704
• Citation: 174 Cal.Rptr.3d 210,227 Cal.App.4th 733
• Court: California Court of Appeals Court of Appeals
• Parties: The PEOPLE, Plaintiff and Respondent, v. Joseph WILLIAMS, Defendant and Appellant.

227 Cal.App.4th 733

174 Cal.Rptr.3d 210

The PEOPLE, Plaintiff and Respondent,

v.Joseph WILLIAMS, Defendant and Appellant.

B247704

Court of Appeal, Second District, Division 4, California.

Filed July 1, 2014

Certified for Partial Publication.^*

APPEAL from a judgment of the Superior Court of Los Angeles County, Kathleen Blanchard, Judge. Affirmed as modified. (Super. Ct. No. MA041538)

Bahar Law Office and Sarvenaz Bahar, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Linda C. Johnson and Theresa A. Patterson, Deputy Attorneys General, for Plaintiff and Respondent.

WILLHITE, J.

INTRODUCTION

A jury convicted defendant Joseph Williams of first degree residential robbery (§ 211),¹ assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)) and kidnapping (§ 207, subd. (a)). As to each charge, the jury found that defendant had personally inflicted great bodily injury upon the victim Melvin Chandler (§ 12022.7, subd. (a)) and that each offense was committed for the benefit of a street gang (§ 186.22, subd. (b)(1)(C).)

Following the return of the verdicts, defendant admitted that he had suffered two felony convictions alleged pursuant both to section 667, subdivision (a)(1) and the Three Strikes law (§§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)) and that he had served three prior prison terms pursuant to section 667.5, subdivision (b).

The trial court sentenced him to a term of 25 years to life on each count plus applicable enhancements for a total sentence of 93 years to life.

Defendant contends, inter alia, that because he received life sentences as a result of the Three Strikes law, the trial court erred in imposing a consecutive 10–year term for the gang enhancement on each count rather than the 15–year minimum parole eligibility requirement found in section 186.22, subdivision (b)(5). This contention raises an issue of first impression.

Section 186.22, subdivision (b)(5) provides that the 15–year minimum parole eligibility requirement should be imposed instead of the sentence enhancement (People v. Johnson (2003) 109 Cal.App.4th 1230, 1237, 135 Cal.Rptr.2d 848) if the defendant is convicted “of a felony punishable by imprisonment in the state prison for life.” In this case, defendant received sentences of 25 years to life as a result of the application of the Three Strikes law. The question is whether those sentences are life sentences within the meaning of section 186.22, subdivision (b)(5).

In the published portion of this opinion, we conclude, based upon People v. Jones (2009) 47 Cal.4th 566, 98 Cal.Rptr.3d 546, 213 P.3d 997 (Jones ), that because defendant's life sentences are the result of a penalty provision (the Three Strikes law), they are life sentences within the meaning of section 186.22, subdivision (b)(5). Consequently, the trial court erred in imposing the 10–year gang enhancement pursuant to section 186.22, subdivision (b)(1)(C) and, instead, should have imposed the 15–year minimum parole term. We modify the judgment to correct this error.

In the non-published portion of our opinion, we reject defendant's additional contentions that the trial court erred in imposing consecutive sentences and in imposing the great bodily injury enhancement (§ 12022.7, subd. (a)) on the felonious assault count. However, we agree that the abstract of judgment does not correctly state the trial court's ruling and direct preparation of an amended abstract judgment.

We therefore affirm the judgment as modified.

STATEMENT OF FACTS

1. The Crimes

Chandler (the victim) and defendant had been friends for “quite some time.” Chandler knew that defendant was a member of the Hoover Criminals gang and that he possessed guns.

During the early evening of January 27, 2008, Chandler went to defendant's apartment. In addition to defendant, Kapree Brown and Jevary Whitman were at the apartment. Chandler knew that Brown was a member of the Hoover Criminals and that Whitman was a member of the Original Valley Gangsters.

The four men smoked marijuana and watched a film. At one point, defendant asked Chandler “where the guns at.” Defendant stated that a neighbor had “seen somebody hop a fence with some guns that was wrapped in a green sheet.” Brown and Whitman joined in the questioning which lasted approximately 20 minutes. Chandler repeatedly denied taking the guns. The confrontation then became physical and all three men repeatedly hit, kicked and punched Chandler while he was on the ground, seriously injuring him.² During the beating, the men told Chandler that he should not have “mess[ed]” with the Hoover Criminals. The men removed Chandler's clothes and shoes and took his wallet and cell phone and gave him other clothes to wear.

Thereafter, the four men remained in defendant's apartment for approximately an hour during which time defendant, Brown and Whitman used cocaine. Brown suggested that they kill Chandler and left to obtain a gun. A women known as “Lady Groove” arrived. Chandler knew her to be a member of the Hoover Criminals. Lady Groove said “they should kill [Chandler], get it over with.”

Defendant, Whitman, and Lady Groove walked Chandler out of the apartment while holding on to him. They proceeded to a car parked behind the apartment building and forced him into the vehicle. A female who Chandler did not recognize was seated in the driver's seat. Lady Groove sat in the front passenger seat and Chandler sat between defendant and Whitman in the back seats. The unidentified woman drove approximately 5 to 10 minutes for a distance of 1 1/2 to 2 miles and then stopped in an alley.

Defendant and Whitman forced Chandler out of the car. Once outside of the vehicle, Chandler eventually was able to escape. A friend took him to the sheriff's station where he reported that he had been “robbed and beat up.” Within two weeks, Chandler gave a complete and detailed description of the incident to the Sheriff's Department and made photo identifications of defendant, Whitman and Brown as his assailants.

Defendant evaded apprehension until he was arrested in September 2011.

2. Expert Testimony About Gangs

Detective Richard Cartmill of the Los Angeles County Sheriff's Department testified as a gang expert. He testified that in 2008, the Hoover Criminals gang had approximately 2,000 members. Its primary activities included murder, assault, and robbery. Defendant and Whitman were members of the Hoover Criminals. Brown was a member of the Original Valley Gangsters, a gang that associated with the Hoover Criminals. As for Lady Groove, the detective testified that “the word groove is a very common term used in association with the Hoover Criminals.... So hearing somebody being referred to as Lady Groove would make me believe that [she was] probably in some way involved with the gang Hoover Criminals.”

Presented with a series of hypothetical questions using facts resembling the evidence in the case, Detective Cartmill opined that the crimes were committed for the benefit of the Hoover Criminals and with the specific intent to promote its criminal activity.

3. Defendant's Sentence

As noted in our introductory statement, defendant admitted prior convictions alleged pursuant to section 667, subdivision (a)(1) and the Three Strikes law and that he had served three prior prison terms pursuant to section 667.5, subdivision (b). Accordingly, the trial court sentenced defendant to a term of 93 years to life based on the following computations.

On the robbery conviction (count 1), the trial court sentenced defendant to a term of 25 years to life, plus a consecutive 10–year term for the gang enhancement, a consecutive 3–year term for the great bodily injury enhancement, and two consecutive 5–year terms for the prior serious felony convictions. This results in a total sentence of 48 years to life on count 1.³

On the felonious assault conviction (count 2), the trial court imposed the same sentence as it had for count 1 but then stayed it pursuant to section 654. ⁴

And on the kidnapping conviction (count 3), the trial court sentenced defendant to a term of 25 years to life, plus a consecutive 10–year term for the gang enhancement, and two consecutive 5–year terms for the prior serious felony convictions.⁵ The trial court imposed, but then stayed pursuant to section 654, a 3–year term for the great bodily injury enhancement. ⁶ This results in a total executed sentence of 45 years to life on count 3.

DISCUSSION

A. IMPOSITION OF THE GANG ENHANCEMENT

Defendant first contends that the trial court erred in imposing a 10–year gang enhancement, pursuant to section 186.22, subdivision (b)(1)(C), as to each count. We agree.

Section 186.22, subdivision (b)(1)(C) provides that if the gang enhancement is found true and the underlying felony “is a violent felony, as defined in subdivision (c) of section 667.5, the [defendant] shall be punished by an additional term of 10 years.” Here, each of defendant's convictions qualifies as a violent felony as defined by section 667.5, subdivision (c) and defendant does not urge to the contrary. On that basis, the trial court's imposition of a 10–year enhancement on each count was proper.

Defendant argues for a contrary conclusion based on the following. Subdivision (b)(1) of section 186.22 states that “[e]xcept as provided in paragraphs 4 and 5,” the trial court shall impose the gang enhancement. Subdivision (b)(5) provides, in relevant part: “[A]ny person who violates this subdivision in the commission of a felony punishable by imprisonment in the state prison for life shall not be paroled until a minimum of 15 calendar years have been served.” (Italics added.) “This provision establishes a 15–year minimum parole eligibility period, rather than a sentence enhancement for a particular term of years.” (People v. Johnson, supra, ...