P. v. Williams CA4/1

California Court of Appeal Mar 22, 2013 No. D063002Unpublished

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Holding. The court held that the independent judicial review mandated by People v. Wende does not apply to appeals other than a defendant's first appeal as of right, and therefore dismissed the appeal.

Issues

Whether the trial court erred in denying the petition for writ of error coram nobis.
Whether the independent judicial review mandated by People v. Wende applies to an appeal from the denial of a petition for writ of error coram nobis.

Disposition. dismissed

Quotations verified verbatim against the opinion

“The independent judicial review mandated by Anders, supra, 386 U.S. 738, applies only to a defendant's first appeal as of right.”

“This is not Williams's "first appeal as of right" in this case.”

“Thus, Wende review is unavailable. Accordingly, we dismiss the appeal.”

Filed 3/22/13 P. v. Williams CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063002

Plaintiff and Respondent,

v. (Super. Ct. No. SCD207315)

OCTAVUS WILLIAMS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Robert F.

O'Neill, Judge. Appeal dismissed.

In November 2008, a jury found Octavus Williams guilty of second degree murder

(Pen. Code, § 187, subd. (a)) for the benefit of a criminal street gang (Pen. Code,

§ 186.22, subd. (b)(1)). In February 2009, the court sentenced Williams to an

indeterminate term of 15 years to life in prison. In September 2010, this court affirmed

the judgment. In December, the California Supreme Court denied Williams's petition for

review.

In October 2012, Williams filed a petition for writ of error coram nobis in the trial

court. In the petition, he claimed that on July 24, 2012, he received July 2009 transcripts

from his then appointed appellate attorney and thereby discovered that the attorney was

ineffective. Williams claimed the attorney "was put on notice [by the prosecutor] that the

P. v. Williams CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063002

OCTAVUS WILLIAMS,

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DISPOSITION

O'ROURKE, J.

IRION, J.

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