People v. Williams CA1/3

Filed 12/31/24 P. v. Williams CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A169664 v. MATTHEW STEPHEN (Mendocino County WILLIAMS, Super. Ct. No. SCUKCRCR2017898231) Defendant and Appellant.

Defendant Matthew Stephen Williams appeals after the trial court revoked his mandatory supervision and ordered him to serve the remainder of the sentence that had previously been imposed based upon his plea bargain. He contends the trial court erred in failing to strike an enhancement based on a statutory amendment that went into effect between the time he was originally sentenced and the time the trial court revoked his mandatory supervision. We conclude defendant forfeited this challenge by failing to raise it in the trial court, and accordingly we affirm. FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged on April 27, 2017 with four counts of possessing an assault weapon for purposes of sale (Pen. Code, § 30600, subd. (a); counts

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1, 4, 6, and 10),1 five counts of possession of a large capacity magazine (§ 32310, subd. (a); counts 2, 5, 7, 11, and 12), one count of carrying in a vehicle a loaded firearm not registered to him (§ 25850, subd. (c)(6); count 3), one count of carrying in a vehicle a loaded concealed weapon not registered to him (§ 25400, subd. (c)(6); count 13), and two counts of offering to sell and furnish cocaine (Health & Saf. Code, § 11352, subd. (a); counts 8 and 9). As to counts 1 and 2, it was alleged that defendant, a principal in the offense, was armed with a firearm (§ 12022, subd. (a)(1)), and as to counts 9 through 13, it was alleged that he committed the offenses while released on his own recognizance for another offense (§ 12022.1). Pursuant to a negotiated disposition, defendant pled no contest to counts 1, 4, 9, and 10, and he admitted two special allegations under section 12022, subdivision (a)(1). The remaining counts were dismissed. Under the plea agreement, defendant would receive a “split sentence” of 11 years and four months, with four years, four months to be spent in county jail and seven years under mandatory supervision. The trial court sentenced defendant on August 4, 2017 to a term of 10 years and eight months, with the first four years and four months in confinement and the remaining six years and four months on mandatory supervision.2 It also imposed fines and fees. Defendant did not appeal from the judgment.