People v. Williams CA4/1

Filed 12/28/23 P. v. Williams CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D081848

Plaintiff and Respondent,

v. (Super. Ct. Nos. SCE393667, SCE409086) TYLER RYAN WILLIAMS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Kathleen M. Lewis, Judge. Affirmed. Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

FACTUAL AND PROCEDURAL BACKGROUND In January 2023, Tyler Ryan Williams entered into plea agreements in two separate cases. Under the terms of those agreements, Williams pleaded

guilty to one count of attempted murder (Pen. Code,1 §§ 187, subd. (a), 664), two counts of robbery (§ 211), and one count of assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)). Williams admitted an infliction of great bodily injury enhancement for both the attempted murder and assault by means likely to produce great bodily injury counts. (See § 12022.7, subd. (a).) He also admitted a strike prior from a 2017 conviction for robbery. Williams waived his right to a jury trial, his right to confront and cross- examine witnesses, his right to remain silent, and his right to present evidence. As the factual basis for his guilty plea for attempted murder, Williams admitted he “attempted to kill a person with intent to kill and . . . personally inflicted great bodily injury.” For the two robberies, Williams admitted he “took personal property from another by force or fear from two separate victims.” For assault by means likely to produce great bodily injury, Williams admitted he “unlawfully assaulted another person by means of force likely to produce great bodily injury and . . . personally inflicted great bodily injury.” Pursuant to Williams’s plea bargain, the trial court sentenced him to a cumulative prison term of 24 years. The sentencing minutes for the two cases included cumulative court operations assessments of $160 (§ 1465.8, subd. (a)(1)) and cumulative conviction assessments of $120 (Gov. Code, § 70373, subd. (a)(1)). However, the abstract of judgment listed the total court operations assessment as $130 and the total conviction assessment as $150. Williams appealed. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been