People v. Williams CA2/6

Filed 12/7/23 P. v. Williams CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, 2d Crim. No. B326471 (Super. Ct. No. VA071074) Plaintiff and Respondent, (Los Angeles County)

v.

WALTER WILLIAMS,

Defendant and Appellant.

Walter Williams appeals the trial court’s post-judgment order denying his petition for resentencing under Penal Code section 1172.6.1 We affirm. In 2003, a jury convicted appellant of attempted murder (count one; §§ 664, 187, subd. (a)) and assault with a deadly weapon (count two; § 245, subd. (b)) for shooting a restaurant employee in Norwalk. The jury found true allegations that Williams personally used a firearm and inflicted great bodily

1 All statutory references are to the Penal Code, unless

otherwise noted.

injury. (§§ 12022.53, subd. (c) & (d), 12022.7, subd. (a).) The trial court sentenced him to 25 years to life in prison on count one. It stayed his sentence on count 2 pursuant to section 654. Williams filed a petition for resentencing in March of 2022. (Former § 1170.95, now § 1172.6). The court appointed an attorney to represent him and held a hearing. It found Williams ineligible for resentencing because he was convicted of attempted murder as the actual shooter of the victim, not as a participant found guilty under the now-invalid theory of natural and probable consequences. Williams appealed. We appointed counsel to represent him. Counsel filed a brief raising no issues in accordance with People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) and requested we independently review the record for error. We notified Williams of his right to submit any contentions or issues he wished us to consider. Williams filed a partially completed form petition for writ of habeas corpus that cited various cases, statutes, and bills as grounds for resentencing, including People v. Griffin (2022) 85 Cal.App.5th 329, sections 1170, 1172.1, 1172.6, and Senate Bill 620’s amendments to sections 12022.5 and 12022.53. He requests the court resentence him for assault with a deadly weapon rather than murder in what appears to be an argument based on section 654.2 Williams separately submitted a copy of a “Certificate of Release or Discharge From Active Duty” indicating he received an “Entry Level Separation” from the United States Navy based on “other physical/mental condition – personality disorder” in