P. v. Williams
Filed 6/19/07 P. v. Williams CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, Plaintiff and Respondent, v. SHARON YOLANDA WILLIAMS, Defendant and Appellant. | D049575 (Super. Ct. No. SCD192976) |
APPEAL from a judgment of the Superior Court of San Diego County, Esteban Hernandez, Judge. Affirmed.
Sharon Yolanda Williams entered a negotiated guilty plea to possessing a controlled substance for sale (Health & Saf. Code, 11351.5, subd. (a)) and admitted a prior strike (Pen. Code, 667, subds. (b)-(i), 1170.12, 668)[1]and a prior conviction of possessing a controlled substance for sale (Health & Saf. Code, 11370.2, subd. (a)).
The court denied motions to strike the prior strike and the prior conviction for possession of a controlled substance for sale and sentenced Williams to prison for nine years: double the three-year lower term for possessing a controlled substance for sale enhanced three years for the prior conviction of possessing a controlled substance for sale. The court recalled the sentence ( 1170, subd. (d)), struck the enhancement for prior conviction for possession of a controlled substance for sale ( 1385), and sentenced Williams to prison for six years: double the three-year lower term for possessing a controlled substance for sale with a prior strike. Williams contends the trial court erred in refusing to strike the prior strike.
FACTS
Viewing the record in the light most favorable to the judgment below (People v. Johnson (1980) 26 Cal.3d 557, 576), the following occurred. On February 10, 2005, San Diego Police officers stopped Williams for a traffic violation. After learning her driver's license was suspended, they arrested her and found 11.56 grams of cocaine base in her pocket. In 1985, Williams had been convicted of assault with a deadly weapon ( 245, subd. (a)(1)) after she shot the victim, a prior strike.
DISCUSSION
Whether to strike a strike prior conviction is in the trial court's discretion. (People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 529-530.) A trial court's decision not to strike a strike prior will be upheld unless the decision is irrational or arbitrary. (People v. Carmony (2004) 33 Cal.4th 367, 376-377.) That reasonable minds might differ or that we would have exercised discretion differently is not sufficient. (Ibid.) In ruling whether to dismiss a strike prior, the court must consider whether, in light of the nature and circumstances of his or her present criminal activity and prior serious and/or violent felony convictions, the defendant may be deemed outside the spirit of the three-strikes law and should be treated as though he or she had not committed one or more strike priors. (People v. Williams (1998) 17 Cal.4th 148, 162-163.) Over the past 25 years, Williams has been the subject of juvenile court true findings and has been repeatedly convicted of criminal acts including: petty theft ( 484 and 488) (three offenses); resisting arrest ( 148) (two offenses); assault with a deadly weapon; petty theft with a prior theft conviction ( 666/484) (two offenses); failure to appear while released on bail ( 1320.5); drafting a check with insufficient funds ( 476a); possessing a controlled substance for sale; possessing a controlled substance (Health & Saf. Code, 11350, subd. (a)) (two offenses); receiving stolen property ( 496, subd. (a)); and the present charge of possession of a controlled substance for sale. Williams does not fall outside the scheme of the three strikes law. The trial court was not arbitrary or capricious in denying the motion to strike the prior strike.
DISPOSITION
The judgment is affirmed.
McCONNELL, P. J.
WE CONCUR:
BENKE, J.
AARON, J.
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[1] All statutory references are to the Penal Code unless otherwise indicated.
