People v. Williams CA2/6

Filed 6/10/25 P. v. Williams CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B338080 (Super. Ct. No. YA067398) Plaintiff and Respondent, (Los Angeles County)

v.

JAMES WILLIAMS,

Defendant and Appellant.

James Williams appeals an order denying his petition for recall and resentencing under Penal Code section 1170, subdivision (d)(1)1. He contends the trial court erred because his aggregate sentence of 99 years to life is de facto life without the possibility of parole (LWOP). The Attorney General concedes appellant is eligible for relief. We agree and will remand.

1 Further undesignated statutory references are to the

Penal Code.

FACTUAL AND PROCEDURAL BACKGROUND2 In 2009, a jury convicted appellant of first-degree murder (§ 187, subd. (a); count 1); three counts of attempted willful, deliberate, and premeditated murder (§§ 664, 187, subd. (a), counts 2-4); and assault with a firearm (§ 245, subd. (a)(2), count 5). The jury found true allegations appellant personally and intentionally discharged a firearm in committing the murder (§ 12022.53, subds. (b)-(d)) and personally used a firearm in committing the attempted murders (§ 12022.53, subd. (b)) as well as allegations all the crimes were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)). Appellant was a minor when these crimes were committed. He was sentenced to an aggregate prison term of 129 years to life. On direct appeal we struck the consecutive 10-year gang enhancements imposed on each of the three attempted murder counts and ordered the sentences on each of those counts modified to reflect a 15-year minimum parole eligibility term. This effectively reduced appellant’s aggregate sentence by 30 years, resulting in a term of 99 years to life. We also ordered the judgment modified to reflect an award of 1,180 days of presentence custody credits, and to correct a clerical error in the abstract of judgment. In all other respects, we affirmed. (People v. Williams (Jan. 23, 2013, B232001) [nonpub. opn.].) In 2024, appellant filed a petition for recall and resentencing pursuant to section 1170, subdivision (d)(1). His petition met the filing requirements under the statute. The