People v. Williams CA2/8

Filed 3/30/22 P. v. Williams CA2/8 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B299053

Plaintiff and Respondent, Los Angeles County Super. Ct. No. KA007720 v.

SAUMAL MARTIN WILLIAMS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Salvatore T. Sirna, Judge. Reversed and remanded with instructions. Cynthia Grimm, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra and Rob Bonta, Attorneys General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Idan Ivri, Acting Supervising Deputy Attorney General, Nancy Lii Ladner and

Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent. ____________________ Saumal Martin Williams pleaded no contest to one count of second degree murder and one count of attempted murder. He challenges an order denying his petition for resentencing under Penal Code section 1170.95. We affirmed this ruling in an opinion filed June 2, 2020. Pursuant to an order of the California Supreme Court filed January 26, 2022, we vacate our decision and reconsider our ruling in light of Senate Bill No. 775 (2021– 2022 Reg. Sess.) and People v. Lewis (2021) 11 Cal.5th 952 (Lewis). Under Lewis and Senate Bill No. 775, the trial court should have appointed Williams counsel. Senate Bill No. 775 also expressly allows petitioners to challenge attempted murder convictions. Nothing in our record refutes Williams’s section 1170.95 allegations as a matter of law. Therefore, with counsel, it was reasonably probable the court would not have summarily denied his petition. We remand for further proceedings. Undesignated statutory citations are to the Penal Code. I A felony complaint charged Williams and two codefendants with one count of murder (§ 187, subd. (a)) of Alvaro Rojero and one count of attempted murder (§§ 187, subd. (a), 664) of Alfredo Acevedo. The complaint alleged Williams and another codefendant personally used firearms in both offenses (§§ 1203.06, subd. (a)(1), 12022.5). The complaint also alleged Williams and that same codefendant intentionally inflicted great bodily injury and death as a result of discharging a firearm from a motor vehicle (§ 12022.55), caused the death of the murder