People v. Williams CA2/8

Filed 7/13/23 P. v. Williams CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B323918

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA372156-01 v.

CALVIN WILLIAMS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles Count, Curtis B. Rappe, Judge. Affirmed.

Richard B. Lennon and Jennifer L. Peabody, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216, we review this appeal from an order denying a petition for resentencing. We affirm. BACKGROUND On March 11, 2011, the People charged appellant by information with 1) the attempted willful, deliberate and premeditated murder of Michael Douver in violation of Penal Code sections 187, subdivision (a) and 6641; and 2) shooting from a motor vehicle in violation of section 12034, subdivision (c). It was further alleged that a principal personally and intentionally discharged a firearm causing great bodily injury and death within the meaning of section 12022.53, subdivisions (b), (c), (d), and (e)(1) and the offenses were committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote, further and assist in criminal conduct by gang members in violation of section 186.22, subdivision (b)(1)(C). Appellant was the sole defendant charged in the information. On July 24, 2012, a jury found appellant guilty as charged and found true the gang and firearm enhancements. The trial court sentenced appellant to life plus 25 years to life for the attempted murder and firearm enhancement and five years for shooting from a motor vehicle. Ten-year sentences on the two gang enhancements were stayed. We later stayed the five-year sentence as well. (People v. Williams (June 5, 2004, B249425) [non pub. opn.].)