People v. Williams CA3

Filed 10/26/22 P. v. Williams CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C093709

Plaintiff and Respondent, (Super. Ct. No. MAN-CR-FE- 2019-0013464) v.

WAYNE EDWARD WILLIAMS,

Defendant and Appellant.

A jury found defendant Wayne Edward Williams guilty of manufacturing methamphetamine, two counts of child endangerment, arson, and assault likely to produce great bodily injury. Defendant’s sentence included the upper term on the manufacturing methamphetamine count and a requirement that he register as a drug offender. Following the passage of recent legislation, defendant contends he is entitled to

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resentencing on the upper term and the narcotics offender registration requirement must be stricken. The People agree. We will strike the narcotics offender registration requirement, vacate defendant’s sentence, and remand for resentencing. BACKGROUND Defendant and tenant D.M. lived together in late 2019. D.M. decided to move herself and her two young children out of defendant’s home and began to pack their possessions. As D.M. packed her truck, she watched as defendant attempted to close the garage door and leave her outside the home. D.M. blocked the garage door from closing. Enraged by D.M. blocking the garage door, defendant tackled D.M. and punched her in the face at least three times. D.M. hit defendant in the face, broke free of his grasp, and went inside to retrieve her two-year-old son. When D.M. returned to the garage, she saw her truck on fire and defendant holding a gas can. The police responded to defendant’s home, searched it, and found components necessary to manufacture methamphetamine. Law enforcement officers arrested defendant the same day. The People’s second amended complaint identified that defendant’s present offense was a potential violation of probation. At the preliminary examination, Officer Joel Grubb testified that defendant was on probation at the time law enforcement investigated him in late 2019. During the 2021 trial, defendant admitted to five felony convictions, including three convictions from 1996, one of which was for manufacturing a controlled substance. Defendant did not introduce any evidence challenging his probation status. At the close of evidence, the trial court found defendant’s present offense violated probation. The jury subsequently found defendant guilty of manufacturing methamphetamine (Health & Saf. Code, § 11379.6, subd. (a)), two counts of child endangerment (Pen.