People v. Williams
| Decision Date | 13 September 2001 |
| Docket Number | No. D031198.,D031198. |
| Citation | 111 Cal.Rptr.2d 732,92 Cal.App.4th 239 |
| Parties | The PEOPLE, Plaintiff and Respondent, v. Benny W. WILLIAMS, Defendant and Appellant. |
| Court | California Court of Appeals Court of Appeals |
Cliff Gardner, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, David Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Keith I. Motley and Randall D. Einhorn, Deputy Attorneys General, for Plaintiff and Respondent.
Benny W. Williams appeals a judgment following his jury conviction on 36 counts of robbery (Pen.Code, § 211)1 and one count of vehicle theft (Veh.Code, § 10851). Williams contends: (1) the trial court erred by denying his Faretta2 request to represent himself; (2) there is insufficient evidence to support his conviction on one robbery count for which there is no evidence that the alleged victim was present; (3) there is insufficient evidence to support his conviction on 22 robbery counts for which there is no evidence the alleged robbery victims actually or constructively possessed the property taken; (4) the trial court erred by not instructing on the meaning of possession or constructive possession as an element of robbery; (5) the trial court erred by finding his prior Oregon attempted robbery conviction was a serious felony conviction under California's sentencing laws; (6) the trial court erred by excluding evidence that would have shown his prior California assault conviction was not a serious or violent felony under California's sentencing laws; and (7) the prosecutor violated his due process rights by presenting false evidence on his prior California assault conviction. The California Supreme Court granted a petition for review of our opinion in this case filed September 22, 1999, and subsequently on May 16, 2001, transferred the case to this court with directions to vacate our opinion and reconsider this case in light of People v. Nguyen (2000) 24 Cal.4th 756, 102 Cal.Rptr.2d 548, 14 P.3d 221, People v. Jenkins (2000) 22 Cal.4th 900, 95 Cal. Rptr.2d 377, 997 P.2d 1044, and People v. Howze (2001) 85 Cal.App.4th 1380,102 Cal. Rptr.2d 887. Pursuant to our request, the parties submitted supplemental briefs discussing the relevance of those cases to this case. The opinion of this court filed September 22, 1999, is vacated and we issue this new opinion in accordance with the directions of the California Supreme Court.
In April 1994 Williams entered a Nurseryland Garden Center after it had closed for business. Williams demanded the assistant manager open the store's safe and place the stored cash in a bag. The manager complied with Williams's demand. Williams handcuffed the assistant manager and another employee. Williams fled with about $4,500.3
In May 1994 Williams grabbed R.E.I.'s store manager as she prepared to close the store. Williams told her and another employee to take him to the office safe. As the three walked to the office, they encountered other employees who proceeded with them to the office. Two cashiers entered the office carrying their cash drawers, and complied with Williams's order to give him the cash from the drawers. The store manager complied with Williams's order to open the safe and place the stored money in a bag. Williams fled with about $6,500.
In March 1995 after two employees of a Famous Footwear store completed closing the store, Williams pointed a gun at one employee and grabbed her hair. She complied with Williams's order to call the other employee to come to her. Williams told one employee to get down on the floor and ordered the other employee to open the safe and place the stored money in a bag. Williams fled with about $1,500.
In April 1995 a Pic-N-Save store employee entered the store before its business hours and went to an upstairs office to count the store's money. Williams entered the store and handcuffed the employee. He took about $8,000 from the store's safe and then took the employee's car keys. Williams fled in the employee's car.
In August 1995 the general manager of a Home Base store was conducting a staff meeting with about 11 other employees when Williams walked into the room and ordered everyone to get down on the floor. Williams ordered everyone into the hallway outside the room. Williams and the general manager entered the vault room, which was occupied by two employees. Williams ordered one employee to get down on the floor and the other to open the safe. Williams fled with about $4,000.
In September 1995 the assistant manager of a Home Depot store entered the store and turned off its alarm system. Williams approached the assistant manager, put a gun to his back or neck, and said, "Let's go get the money." The assistant manager could not open the safe because of its time lock. He told Williams there would be a problem if the other employees could not enter the store. Williams and the assistant manager admitted the employees into the store. Williams ordered all of the employees into a room to wait for the time lock on the safe to disengage. When the time lock disengaged, the assistant manager put the safe's money in a bag and gave the bag to Williams. Williams fled with about $12,000.
In September 1996 an assistant manager of an Office Depot store was greeting customers when he observed Williams enter the store. Williams remained in the store until closing time, displayed a gun and ordered everyone to get down on the floor. Williams directed the assistant manager and another employee to open the store safe. The assistant manager opened the safe, placed bags of the safe's money in a box, and handed the box to Williams. The other employee complied with Williams's order to assist him in carrying the money. Williams fled with about $20,000.4
In January 1997 Williams approached a Beverages and More store employee at closing time. Williams directed the employee to the manager's booth, where another employee was working. The other employee complied with Williams's order to open the safe and place the stored money in a bag. Williams handcuffed both employees and fled with about $4,000.
The jury returned guilty verdicts on 36 robbery counts and one vehicle theft count relating to these incidents.5 The jury found true allegations that Williams personally used a firearm in committing the 36 robberies (§ 12022.5, subd. (a)(1)). In a bifurcated trial, the court found true allegations that Williams had two prior serious felony convictions within the meaning of section 667, subdivision (a)(1) and two prior serious or violent felony convictions within the meaning of section 667, subdivisions (b) through (i). The trial court sentenced Williams to a determinate term of 129 years 8 months and an indeterminate term of 140 years to life.6
Williams timely filed a notice of appeal.
Williams contends the trial court erred by denying his Faretta request to represent himself and thereby violated his Sixth Amendment right to self-representation.
On March 3, 1998, the trial commenced in this case. On January 16 (when the trial was scheduled to begin January 21), Williams's counsel informed the trial court that Williams wished to represent himself and submitted a Lopez7 acknowledgement of rights signed by Williams. The Lopez form advised Williams that "extra time for preparing the case for motions or for trial will not be granted. . . ." Williams's counsel stated he disagreed with his client's request to represent himself and moved for an order requiring Williams to undergo a competency evaluation. The trial court granted the motion for a competency evaluation, and suspended the criminal proceedings pending a determination of Williams's competency.
On February 23, a hearing was held on Williams's competency and request for self-representation. Dr. Gregg Michel, apparently a psychologist, submitted a written report8 and testified that Williams did not have any mental illness that impaired his ability to understand the nature and significance of the court proceedings. Dr. Michel nevertheless stated that he believed it "would be a disaster" if Williams represented himself. Dr. Michel testified that Williams told him he had not researched the law relating to his case and he would be requesting a continuance to obtain another investigator for his case. The trial court found that Williams was competent to stand trial.
On Williams's request to represent himself, his counsel argued, "[I]t's not a rational choice and [Williams] doesn't have the ability to in any way effectively represent himself or even make the choice to represent himself, and I think it would be, as the doctor mentioned, disastrous for him to do that, and that I would urge the court to deny [Williams's self-representation request]. . . ." The prosecutor also asked the court to deny the request, arguing that Williams's self-representation request was a manipulative delay tactic intended to prejudice the prosecution's case through the loss of prosecution witnesses. Williams's counsel replied:
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