People v. Williams CA3

Filed 7/16/25 P. v. Williams CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C101397

Plaintiff and Respondent, (Super. Ct. No. 18FE001615)

v.

MARCUS D. WILLIAMS,

Defendant and Appellant.

Appointed counsel for defendant Marcus D. Williams asks this court to conduct an independent review of the record under People v. Wende (1979) 25 Cal.3d 436. Although not required to independently review the record in light of the postconviction posture of this case (see People v. Delgadillo (2022) 14 Cal.5th 216, 226 (Delgadillo)), we have exercised our discretion to do so. We have found no arguable error that would result in a disposition more favorable to Williams, but our review has disclosed a clerical error in the abstract of judgment. We therefore direct the trial court to correct the abstract of

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judgment and otherwise affirm the trial court’s order denying recall of Williams’s sentence. BACKGROUND While on probation, Williams chased the victim down a road while driving his car. As Williams gave chase, he fired a gun at the victim from his car. The victim eventually ran into a garage, where Williams continued to shoot at him. On April 4, 2019, a jury found Williams guilty of assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b)) and being a felon in possession of a firearm (§ 29800, subd. (a)(1)).1 The jury also found true that Williams personally used a firearm in the commission of the assault (§ 12022.5, subds. (a) & (d)). The trial court found true two prior serious felony convictions (§ 667, subd. (a)) and one prior prison term enhancement under section 667.5, subdivision (b). In July 2019, the trial court sentenced Williams to a prison term of 27 years to life, plus 14 years, consisting of: 27 years to life on the assault count, the middle term of four years for the section 12022.5, subdivision (a) firearm enhancement, and two five- year enhancements under section 667, subdivision (a). The court also sentenced Williams to the upper term of three years for the felon in possession of a firearm count, doubled due to his prior serious felony convictions, to run concurrently with the assault count. The court imposed but stayed the one-year prior prison term enhancement under section 667.5, subdivision (b). It also imposed an $80 court operations assessment (§ 1465.8) and a $60 conviction assessment (Gov. Code, § 70373). On his direct appeal, this court struck the one-year prior prison term enhancement (§ 667.5, subd. (b)) after concluding that the prior conviction allegation supporting the enhancement was dismissed prior to judgment. (People v. Williams (Nov. 20, 2020,