People v. Williams CA2/8

Filed 9/14/22 P. v. Williams CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B317625

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA124662) v.

MELVIN WILLIAMS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Laura R. Walton, Judge. Affirmed.

Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Defendant and appellant Melvin Williams appeals from the denial of his second petition for resentencing pursuant to former Penal Code section 1170.95 which he filed while his appeal of the denial of his first resentencing petition was still pending. During the pendency of this appeal, former section 1170.95 was renumbered as section 1172.6 with no change in the text. (Stats. 2022, ch. 58, § 10.) We refer to the statute only by its new designation for clarity. We affirm the trial court’s denial of defendant’s second petition for resentencing. BACKGROUND In 2013, defendant was charged in a consolidated information with 10 felony counts, including two counts of attempted murder arising from assaults on defendant’s former girlfriend and her brother while threatening them with a shotgun. After a jury trial in which defendant testified, defendant was found guilty of all charges and sentenced to an indeterminate term of 48 years to life, plus an eight-year determinate term. We affirmed defendant’s conviction. (People v. Williams (May 8, 2015, B252994) [nonpub. opn.].) After the passage of Senate Bill 1437 (2017–2018 Reg. Sess.) in 2018, defendant filed, in propria persona, his first petition for resentencing pursuant to Penal Code section 1172.6. In that initial petition, defendant erroneously asserted he had been convicted of murder (instead of attempted murder) under a theory of felony murder or the natural and probable consequences doctrine and requested the appointment of counsel. In support of his petition, defendant filed a document designated as both “supplemental evidence” in support of the resentencing petition and a “motion to dismiss” for failure to disclose exculpatory evidence.