P. v. Williams 8/22/02 CA4/1

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State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: D038602

Case Date: 11/27/2002

Preview:Filed 8/22/02 P. v. Williams CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

THE PEOPLE, Plaintiff and Respondent, v. ANTHONY MAURICE WILLIAMS, Defendant and Appellant.

D038602

(Super. Ct. No. SCE207131)

APPEAL from a judgment of the Superior Court of San Diego County, Allan J. Preckel, Judge. Affirmed.

A jury convicted Anthony Maurice Williams of forcible rape in concert, oral copulation in concert, and sodomy in concert, and found the allegations that he had two "strike" priors and two serious felony priors were true. Williams was sentenced to a total of 35 years to life in prison -- 25 years to life under the Three Strikes legislation, plus two 5-year enhancements for having two serious felony priors under Penal Code section

667, subdivision (a)(1). (All statutory references are to the Penal Code unless otherwise indicated.) Williams appeals, contending (1) his conviction must be reversed because the trial court erred in (a) admitting the date and time stamp contained on a store surveillance tape, which showed him on the premises before the offenses occurred, (b) allowing a police officer to testify that he thought the suspects were familiar with the park where the crimes occurred, and (c) instructing the jury with a modified version of CALJIC No. 1.05 regarding the reading back of testimony; and (2) the matter must be remanded for resentencing because (a) the court's use of a juvenile adjudication as a strike was unconstitutional, (b) the court should have exercised its discretion to dismiss one or two of his strike priors, and (c) the imposition of two 5-year serious felony enhancements was unauthorized. We find Williams's contentions to be unavailing for the reasons set forth below and affirm the judgment. FACTS AND PRIOR PROCEEDINGS On the evening of July 25, 2000, the victim, T. H., came to San Diego to find a place to live. She got on the trolley in downtown San Diego, but went the wrong direction. About 9:00 p.m., while T. H. was waiting to catch another trolley, Williams approached her and started a conversation. T. H. talked to Williams for about 20 minutes, and then Leotis Harrison came up and joined the conversation. Williams was wearing a black T-shirt and cream colored corduroys, and his hair was in braids; Harrison was wearing a red plaid shirt and red pants. When the trolley arrived, T. H., Williams, Harrison, and two other men who had been with their group, boarded it and road to the 2

Lemon Grove station. From there, T. H., Williams, Harrison, and a man later identified as Cory, went to a liquor store near an AM/PM minimarket. T. H. testified that Cory was bald and wearing a gray, stained mechanics jumpsuit. Williams and Cory went into the liquor store and bought orange juice and a bottle of gin, while T. H. waited with Harrison. The four then went across the street to an apartment complex, sat down at some picnic benches and started drinking. During this time, Cory told T. H. she was cute and asked to see her body. T. H. refused. Williams then started asking questions like "So, can we see your body?" and started to lift up her shirt. T. H. said no, asked him to stop and pulled down her shirt. At that point, Cory got up and left, saying he had to go to work in the morning. Williams, Harrison and T. H. then went to a small park (known as Kunkle Park) close to the apartment complex. T. H. started to feel the effects of the alcohol, and the three sat down on some benches. Williams said to T. H., "Are you going to suck my dick tonight?" and she responded, "No, please don't come at me like that." T. H. started to leave, and Williams came up, hit her on the side of the face and yelled, "Bitch, I don't give a fuck. I asked you to suck my dick. That's what you're going to do tonight." Williams and Harrison then dragged her back to the benches, ripped off her clothes and forced her to orally copulate them and beat, raped and sodomized her. Neither Williams nor Harrison ejaculated, so they "decided to go on and let [T. H.] go." They told her to get in a trash can; Williams said he would fire a gun three times and then she could get out. When T. H. was in the trash can, Williams and Harrison stomped on her head, urinated on her and then left. 3

A few minutes later, T. H. covered herself with a garbage bag and ran across the street to the apartment complex. She stopped a motorist who lived at the complex, and he gave her some clothes and called the police. The police found T. H. bruised, swollen and upset. She told them what had happened, described the two suspects, and said the name of one of them was Maurice or Marquise (Williams went by his middle name, Maurice). The police searched Kunkle Park and found T. H.'s clothing and her purse. A palm print was lifted from the bench where the assault took place that was later identified as Williams's. In the days after the assault, sheriff's deputies twice interviewed Williams because he matched T. H.'s description and frequented the trolley line, the Lemon Grove station and Kunkle Park. The second time a deputy spotted Williams, he was with Harrison; both men ran when they saw the deputy's marked patrol car. About a week after the attack, Detective Jerry Hartman compiled a photographic lineup of possible suspects that included Williams and Harrison. He brought T. H. in to view the lineup, but before he could show it to her, another detective asked him a question and he turned away, leaving 10 to 15 loose photographs on his desk. T. H. saw the photographs, became visibly shaken, and asked another detective to get Hartman's attention. When Hartman turned around, T. H. pointed to Williams's picture and said: "That's him. That's one of them." Hartman then showed her the actual lineup and she identified Williams and Harrison as her attackers. Sheriff's deputies notified transit enforcement officers to look for Williams and Harrison on the trolley and at the stations; both were apprehended at the Lemon Grove trolley station the next day. 4

Defense Evidence Williams testified on his own behalf and admitted that he, Harrison and Cory met T. H. at the trolley station the evening of July 25, 2000, and talked with her at length. Then he and Cory went to the liquor store and bought gin and orange juice, while Harrison and T. H. waited outside. He remembers there was concern as to whether the liquor store would still be open. Williams testified they all went to the apartment complex to drink in the picnic area, but that he first stopped at a friend's apartment to ask to use the phone because his fianc

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