People v. Williams CA3

Filed 9/24/21 P. v. Williams CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, C092130

v. (Super. Ct. No. 73394)

CLIFTON WILLIAMS,

Defendant and Appellant.

In 1986 a jury found defendant Clifton Williams guilty of robbery and first degree murder after he snatched Emy Emiko Tanimoto’s purse and pushed her down the stairs. We affirmed his convictions on appeal. (People v. Williams (Jun. 25, 1987, C001524) [nonpub. opn.].)1 In 2019, defendant filed a petition for resentencing under Penal Code

1 We previously took judicial notice of this court’s prior opinion. Having done so, we granted the parties the opportunity to file supplemental briefing to address it, because it was not found in the original record. Defendant did not provide supplemental briefing and the People submitted a letter standing by their position in their responsive brief.

1

section 1170.95,2 which the trial court denied after appointing counsel and ordering briefing. On appeal, defendant contends the trial court erred by relying on the record of conviction to deny the petition without first issuing an order to show cause and granting him an evidentiary hearing. We find no error and affirm the trial court’s order. BACKGROUND To facilitate our review, we will state the relevant background facts from this court’s opinion in defendant’s previous appeal from the underlying conviction. (People v. Williams, supra, C001524.) One evening in 1985, Tanimoto was found lying unconscious at the bottom of the stairs leading to her apartment in downtown Sacramento. She was found clutching a cloth strap in her hand, but there was no purse attached. One hour earlier, she had been walking home carrying a purse with a shoulder strap. Tanimoto died two weeks later due to head injuries and associated complications consistent with a severe fall from a stairway onto concrete. Several days after Tanimoto’s death, an informant told police that defendant told him that he had snatched an Asian woman’s purse in the downtown area. Defendant said he had run down some stairs and grabbed her purse, but the woman held on to the purse and fell down the stairs. Defendant also said he took the purse, which contained money and credit cards. Tanimoto’s purse was never found. Defendant later told the informant defendant had called the hospital and found out Tanimoto’s condition was improving. Defendant said he was hiding out at a Sacramento residence. On the evening of the incident, authorities lifted prints from the railing of the stairs at the victim’s apartment building that matched defendant’s right palm print.