People v. Williamson CA3

Filed 5/6/22 P. v. Williamson CA3 Opinion following rehearing NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C093213

Plaintiff and Respondent, (Super. Ct. No. 20CF02058)

v.

SHAWN THOMAS WILLIAMSON,

Defendant and Appellant.

Appointed counsel for defendant Shawn Thomas Williamson filed an opening brief setting forth the facts of the case and asking this court to review the record in order to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After we issued our opinion, affirming the judgment, defendant filed a petition for rehearing. In his petition, defendant argued that while his appeal was

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pending, the Legislature amended Penal Code, section 1170, subdivision (b)1 and he was entitled to the ameliorative benefits of those amendments. We granted the petition. On rehearing, the People concede the recent amendments to section 1170, subdivision (b), effective January 1, 2022, apply retroactively to defendant. We accept the concession and remand the matter for resentencing in light of those amendments. BACKGROUND In December 2019, defendant was arrested on a post-release community supervision warrant. While in custody in county jail, defendant and another inmate attacked a third inmate. They beat the victim inmate with their fists for approximately one minute then refused to answer questions about the attack. The attack left the victim inmate disoriented and with a laceration behind his ear. The People charged defendant with assault by means likely to produce great bodily injury. (§ 245, subd. (a)(4).) Defendant pleaded no contest to the assault charge and the trial court sentenced him to three years in state prison.2 The court ordered defendant to pay various fines and fees and awarded him 140 days of custody credit. At the time of his conviction, defendant was 23 years old. Defendant appealed without a certificate of probable cause.