People v. Woods CA1/4

Filed 2/23/23 P. v. Woods CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A166278 v. (San Francisco Super. Ct. ANTONIO WOODS, Nos. SCN197148, CRI02240071) Defendant and Appellant.

Antonio Woods appeals from the trial court’s imposition of two years of parole supervision under Penal Code1 section 1172.6, subdivision (h) upon Woods’s resentencing under section 1172.6. Woods’s appointed appellate counsel has submitted a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 requesting that we independently review the record. Counsel also has advised Woods of his right to submit a supplemental brief within 30 days, and Woods has not done so. Our independent review of the record has disclosed no issues that warrant further briefing. I. BACKGROUND In January 2006, Woods was convicted of first degree murder (§ 187, subd. (a)) and felon in possession of a firearm (former § 12021, subd. (a)).

1 Statutory references are to the Penal Code unless otherwise stated.

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He was sentenced to 25 years to life in prison for the first degree murder conviction and three years for the felon in possession conviction, the latter to be served concurrently. Woods appealed, and this court affirmed the judgment in an unpublished opinion, People v. Woods (Sept. 13, 2007, A114359), a copy of which is contained in the record. To provide background, we quote from our statement of facts in that opinion: “On February 8, 2003, Eugene Befford was sitting in his car in front of his house on Page and Webster Streets. [Woods] and codefendant Anthony Johnson drove up and parked behind Befford’s vehicle. They walked toward Haight Street and approximately a half hour later they returned to the corner of Webster and Page. According to Befford, the two men were ‘yelling and using vulgarities about someone [who] had pissed them off.’ Something was said about ‘doing something to somebody.’ [Woods] told Johnson that the gun was in the car. Johnson went to the car while [Woods] went to the corner. “Ron Coleman arrived on the other side of the street. [Woods] and Coleman began arguing and yelling. [Woods]’s shirt was open. He put his hands in the air and turned around in a circle. They continued yelling. Eventually Coleman crossed the street toward [Woods]. As Coleman approached [Woods], [Woods] backed up. While they continued arguing Johnson proceeded along the wall of a building, crouching down with a gun between himself and the building. Johnson walked to a point behind Coleman and moved his arm in front of him with the gun. Coleman turned around and Johnson shot him in the chest.” In 2022, Woods petitioned the San Francisco County Superior Court for resentencing under former section 1170.95, the predecessor statute to section 1172.6. (People v. Delgadillo (2022) 14 Cal.5th 216, 223, fn. 3 [“with the