People v. Williams CA2/8

Filed 6/5/14 P. v. Williams CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B249425

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA372156) v.

CALVIN WILLLIAMS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Curtis B. Rappe, Judge. Affirmed with directions.

Christine C. Shaver, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Rama R. Maline, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury convicted appellant Calvin Williams of attempted premeditated murder and shooting from a motor vehicle. Pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), appellant’s counsel filed an opening brief requesting that this court review the record and determine whether any arguable issues exist on appeal. We advised appellant he had 30 days within which to submit any contentions or issues he wished us to consider. On January 2, 2014, appellant filed a supplemental brief raising a single issue. Our subsequent review of the record identified a sentencing issue for which we requested supplemental briefing from counsel -- namely, whether appellant’s sentence for shooting from a motor vehicle under Penal Code section 654 should have been stayed.1 We order the abstract of judgment to be amended but otherwise affirm. FACTUAL AND PROCEDURAL BACKGROUND On June 1, 2010, at approximately 4:25 p.m., Officer Ted Lockhart of the Los Angeles Police Department had just gotten off work. Officer Lockhart was in his car around the vicinity of 85th Street and Western Avenue in Los Angeles. He saw a man, later identified as Michael Douver, walking down the street and a blue pickup truck traveling next to him very slowly down the street. Douver was on the driver’s side of the truck. The truck came to a complete stop. Officer Lockhart heard approximately five or six gunshots, and Douver reacted as if he had been hit by the gun fire. The shots appeared to come from the driver’s side of the truck. The truck accelerated and drove away. Douver ran in the opposite direction to a bus bench where he laid down. Officer Lockhart did not observe Douver say anything to the truck’s occupants or make any aggressive gestures toward the truck. Douver did not have anything in his hands. Officer Lockhart called the police department’s inside communication line and reported the shooting. He also described the truck. Douver had a gunshot wound in the area of his right hip. As paramedics were tending to him at the scene, he told