People v. Williams CA5

Filed 5/12/21 P. v. Williams CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F079526 Plaintiff and Respondent, (Kern Super. Ct. No. SF018186B) v.

RANDEE WILLIAMS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Brian M. McNamara, Judge. Jonathan D. Roberts, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J. and Detjen, J.

INTRODUCTION Appellant and defendant Randee Williams, a state prison inmate, was sentenced to the second strike term of four years after assaulting another inmate. On appeal, his appellate counsel filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) In response to our request, defendant filed additional briefing on the potential application of People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas) to the restitution fine and fees imposed in this case. We affirm. FACTS Around 8:13 a.m. on February 1, 2014, Correctional Officer Angel Mata was on duty at the special housing unit for inmates with physical and mental disabilities at Wasco State Prison, as the inmates were released from the morning meal. As inmate Powell walked to his cell, inmate Espritt swung his wooden cane at Powell and hit him on the head. Powell turned around and grabbed Espritt’s cane, and the two men fought over it. Defendant was sitting about 15 feet away from the two men. As they fought over the cane, defendant got up, ran towards them, and punched Powell from behind on the right side of his head. Defendant hit Powell multiple times with a closed fist. Powell tried to defend himself and dropped the cane. He swung back and hit defendant and Espritt. Defendant and Espritt kept hitting Powell in the head and torso. Inmate Poke arrived in his wheelchair and started to hit Powell in the torso with both hands. Officer Mata ordered all the inmates to get down when the fight began, but they ignored the order. After Mata repeated the order several times, the inmates eventually complied, backed away from each other, and got down. Powell was bleeding from his right eyebrow. Powell was advised by medical personnel that he should get sutures to close the wound, that was approximately 1.4 inches long, but he declined. The entire incident lasted about a minute and a half.