People v. Williams CA1/5

Filed 2/8/22 P. v. Williams CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A159920 v. JOHN WILLIAMS III, (San Mateo County Defendant and Appellant. Super. Ct. Nos. 17NF011483A, 19SF005081A)

This is an appeal from judgment after a jury convicted defendant John Williams III of making criminal threats (count 1) and attempting to dissuade a witness from testifying (count 2). After defendant waived a jury trial on his prior felony convictions, the trial court found them to be true and sentenced him to the low term of 16 months on count 1, to run concurrently with the middle term of two years on count 2. Defendant appealed, and his counsel has now filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, requesting that we conduct an independent review of the entire record on appeal. Counsel attests that defendant was notified of his right to file a supplemental brief; however, he waived this right. Having independently reviewed the record, we affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND On December 9, 2019, an amended information was filed charging defendant in case No. 17NF011483A with one felony count of making criminal threats against Jasmine H. on September 1, 2017, in violation of Penal Code section 422, subdivision (a),1 and in case No. 19SF005081A with one felony count of attempting to dissuade a witness on November 7, 2018, in violation of section 136.1, subdivision (a)(2).2 As to count 1, it was alleged defendant had multiple prior felony convictions within the meaning of section 1203, subdivision (e)(4). A jury was sworn on December 10, 2019.3 Jasmine, Deputy Khoury and Officer Evans offered testimony. Jasmine testified that defendant is the father of her child and the threesome planned to spend Labor Day together on September 1, 2017. Defendant had obtained concert tickets. However, Jasmine’s mother was having health problems that required Jasmine to text defendant to cancel their plans at the last minute. Enraged, defendant responded: “ ‘Just don’t ever call my phone again. You call my phone again, I