P. v. Willis
Filed 5/23/06 P. v. Willis CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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THE PEOPLE, Plaintiff and Respondent, v. JOSEPH PIERRE WILLIS, Defendant and Appellant. | C049151 (Super. Ct. No. 04F06092) |
A jury convicted defendant Joseph Pierre Willis of second degree burglary (Pen. Code, § 459--count one)[1] and second degree robbery (§ 211--count two). The jury found true a sentencing allegation in connection with both counts, that is, the crimes involved great violence, great bodily harm, threat of great bodily harm or other acts disclosing a high degree of cruelty, viciousness or callousness. In bifurcated proceedings, defendant admitted that he had sustained a 1991 voluntary manslaughter conviction for purposes of a prior felony conviction (§ 667, subd. (a)), a prior prison term (§ 667.5, subd. (b)) and a strike prior (§§ 667, subds. (b)-(i), 1170.12).
After granting defendant's motion to strike the strike prior, the court sentenced defendant to state prison for an aggregate term of eight years.
Defendant appeals. He contends the trial court erroneously denied a defense-requested instruction amplifying the term â€