People v. Williams CA2/4

Filed 7/19/21 P. v. Williams CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B309281 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. YA093048)

v.

SHON OLIVENTA WILLIAMS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Laura C. Ellison and William C. Ryan, Judges. Dismissed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Shon Oliventa Williams appeals from postconviction orders summarily denying two petitions for writ of habeas corpus seeking

resentencing under Penal Code section 1170, subdivision (d).1 His appellate counsel filed a brief asking this court to proceed under People v. Serrano (2012) 211 Cal.App.4th 496 (Serrano). Because the trial court and this court lack jurisdiction to grant the relief requested by Williams, we dismiss his appeal.

BACKGROUND AND DISCUSSION In June 2016, Williams pleaded nolo contendere to one count of carjacking (§ 215, subd. (a)). He admitted he had suffered two prior strikes under the Three Strikes law (§§ 667, subds. (b)-(j), 1170.12, subds. (a)-(d)) for two robbery convictions in 1987 and 1982. Williams was sentenced in this case to an overall term of 15 years imprisonment (consisting of the middle term of five years for carjacking, doubled under the Three Strikes law, plus five years for a prior serious or violent conviction (§ 667, subd. (a)(1)). In August 2020, Williams filed a petition for writ of habeas corpus based on Senate Bill No. 1393 (S.B. 1393), which deleted the restriction prohibiting a judge from striking serious felony convictions in connection with the imposition of the five-year enhancement under subdivision (a)(1) of section 667. (Legis. Counsel’s Dig., Sen. Bill No. 1393 (2017-2018 Reg. Sess.) Stats. 2018, ch. 1013.) In his petition,