People v. Williams CA2/6

Filed 11/17/20 P. v. Williams CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B301556 (Super. Ct. Nos. F240517 and Plaintiff and Respondent, F240517002) (San Luis Obispo County) v. TRAVIS RON WILLIAMS, Defendant and Appellant.

Travis Ron Williams appeals a post-judgment order denying his Senate Bill No. 1437 (2017-2018 Reg. Sess.) (SB 1437) petition to vacate a 1997 first degree murder conviction and 26-year-to-life state prison sentence. (Pen. Code, § 1170.95, subd. (c).)1 The trial court denied the petition without an evidentiary hearing even though the petition made a prima facie showing that appellant was eligible for relief. Appellant argues, and the Attorney General agrees, the trial court erred. We reverse and remand with directions to issue an order to show cause and hold

All further statutory references are to the Penal Code 1

unless otherwise stated.

an evidentiary hearing pursuant to section 1170.95, subdivision (d)(3). Facts and Procedural History In 1997, appellant pled no contest to first degree murder (§ 187, subd. (a)), second degree burglary (§ 459) and arson (§ 451, subd. (d)), and admitted a principal-armed-with-a- firearm enhancement (§ 12022, subd. (a)(1)). The change of plea was entered after the preliminary hearing based on the understanding that appellant and his cohort, Tommy Traughber, committed a home-invasion burglary in which appellant and Traughber kicked in the victim’s (a 75-year-old widow living alone) back door. The victim was shot in the back of the head at close range. Appellant was sentenced to 26 years to life state prison. At the sentencing hearing, the trial court stated: “The court does not find that you actually pulled the trigger; that you actually were the one who did the shooting.” There is a dispute about who was the actual shooter. Appellant was 15 years old when the offense was committed and tried as an adult. On January 8, 2019, appellant filed a petition for resentencing a week after SB 1437 became effective (Stats. 2018, ch. 1015). SB 1437 provided that defendants convicted of murder under the felony murder rule or natural and probable consequences doctrine may petition for resentencing based on statutory changes to Penal Code sections 188 and 189. (§ 1170.95, subd. (a).) The superior court appointed counsel for appellant and denied the prosecution’s motion to dismiss, finding that SB 1437 was constitutional. At the October 4, 2019 hearing, the trial court denied the petition, finding that the petition stated a prima facie claim for relief but the preliminary hearing and juvenile