Filed 2/25/98

THE PEOPLE, )

)

Plaintiff and Appellant, )

) S057534

v. )

) Ct. App. 2/5 B099620

REGINALD EUGENE WILLIAMS, )

) L.A. County

Defendant and Respondent. ) Super. Ct. No. VA029173

)

The opinion herein, filed on January 5, 1998, appearing at 17 Cal.4th 148, is modified as follows:

1. The first sentence of the first complete paragraph on page 161 is revised to read as follows:

We therefore believe that, in ruling whether to strike or vacate a prior serious and/or violent felony conviction allegation or finding under the Three Strikes law, on its own motion, "in furtherance of justice" pursuant to Penal Code section 1385(a), or in reviewing such a ruling, the court in question must consider whether, in light of the nature and circumstances of his present felonies and prior serious and/or violent felony convictions, and the particulars of his background, character, and prospects, the defendant may be deemed outside the scheme’s spirit, in whole or in part, and hence should be treated as though he had not previously been convicted of one or more serious and/or violent felonies.

2. The paragraph beginning at the bottom of page 162 and ending at the top of page 163 is revised to read as follows:

In light of the nature and circumstances of his present felony of driving under the influence, which he committed in 1995, and his prior conviction for the serious felony of attempted robbery and his prior conviction for the serious and violent felony of rape, both of which he suffered in 1982, and also in light of the particulars of his background, character, and prospects, which were not positive, Williams cannot be deemed outside the spirit of the Three Strikes law in any part, and hence may not be treated as though he had not previously been convicted of those serious and/or violent felonies.

These modifications do not affect the judgment.