P. v. Williams
Tony Lavelle Williams appeals from a judgment entered following a jury trial in which he was convicted of second degree robbery, count 1 (Pen. Code, 211), evading an officer causing serious injury, count 2 (Veh. Code, 2800.3 ), leaving the scene of an accident with the finding that he personally inflicted great bodily injury upon his victim within the meaning of Penal Code section 12022.7, subd. (a), count 3 (Veh. Code, 20001, subd. (a)),[2]and two counts of hit and run driving, misdemeanors, counts 4 and 5 (Veh. Code, 20002, subd. (a)). Sentenced to prison for a total of eight years and four months, he requests that we review the sealed transcript of the in camera hearing to determine whether the trial court improperly limited the scope of discovery turned over to the defense pursuant to appellants Pitchess motion. He also claims the trial court erred in imposing multiple punishments in violation of Penal Code section 654 and in imposing the upper term for count 3 in violation of the Sixth and Fourteenth Amendments and Blakely v. Washington (2004) 542 U.S. 296, 301. For reasons explained in the opinion, Court reverse the sentence and remand for resentencing.
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