P. v. Williams CA5
On May 28, 2019, the Kings County District Attorney filed an information, charging defendant with making criminal threats (§ 422, subd. (a); count 1), misdemeanor resisting a peace officer (§ 148, subd. (a)(1); count 2), and misdemeanor trespassing (§ 602, subd. (q); count 3). As to count 1, the information further alleged that defendant had suffered a prior strike conviction (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) which also qualified as a serious felony conviction (§ 667, subd. (a)(1)), and had served a prior prison term (§ 667.5, former subd. (b)).
On August 26, 2019, defendant filed a motion to set aside all counts of the information (§ 995). On September 9, 2019, the trial court granted defendant’s motion as to counts 2 and 3, but denied the motion as to count 1.
On October 25, 2019, the trial court held a change of plea hearing. Before changing his plea, defendant inquired regarding his prison custody credit earning capacity.
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