P. v. Williams
Larry Williams and Rodney Davis appeal from judgments entered after a jury convicted them of second degree robbery (Pen. Code, 211), and possession of a firearm by a felon ( 12021, subd. (a)(1)).[1] Davis was also found guilty of evading an officer while operating a motor vehicle, in violation of Vehicle Code section 2800.1.[2]The jury also found true the allegation that Williams personally used a firearm in committing the robbery ( 12022.53, subd. (b)). In a bifurcated proceeding, Davis admitted two prior strike convictions ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and one prior serious felony conviction ( 667, subd. (a)(1)). The court also found true the allegation that Williams had one prior strike conviction that also qualified as a serious or violent felony under section 667, subdivision (a)(1). Williams was sentenced to a total term of 25 years in state prison. Davis was sentenced to a total term of 16 years, 10 months. Davis asks us to independently review the sealed transcripts of the in camera hearing on his motion for a disclosure of police personnel records under Pitchess v. Superior Court (1974) 11 Cal.3d 531. He also contends the court erred in imposing a consecutive sentence on the evading an officer count. Williams contends (1) the evidence is insufficient to support his robbery conviction; (2) the court erred in finding that his prior federal conviction for attempted bank robbery qualified as a serious or violent felony; and (3) he was erroneously sentenced to the upper term. Court conditionally reverse the judgment as to Davis and remand for a new Pitchess hearing in which the proper procedure is followed. The judgments are otherwise affirmed.
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