People v. Williams CA3

Filed 2/29/24 P. v. Williams CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C098787

Plaintiff and Respondent, (Super. Ct. No. 21CF00969)

v.

LEVY DYLAN WILLIAMS,

Defendant and Appellant.

Defendant Levy Dylan Williams appeals the trial court’s denial of his petition for resentencing, purportedly under Penal Code1 sections 1170, 1171, 1172, and Assembly Bill No. 1540 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 719). His appellate counsel filed a brief raising no arguable issues under People v. Delgadillo (2022) 14 Cal.5th 216 and

1 Undesignated statutory references are to the Penal Code.

1

People v. Wende (1979) 25 Cal.3d 436, and asked that we exercise our discretion to review the record for arguable issues on appeal. This court notified Williams he had 30 days to file a supplemental brief raising any argument he wanted us to consider. Williams filed a supplemental brief arguing “double jeopardy alleged allegations should have been disregarded,” and his “excessive punishment” must be “vacated and reinstated” pursuant to former section 1171.1 (now section 1172.75).2 We have independently reviewed the contentions Williams raised in his supplemental brief and conclude none of them have merit. We will affirm. FACTUAL AND PROCEDURAL BACKGROUND In August 2021, Williams pled no contest to felony offenses: arson of an inhabited structure (§ 451, subd. (b)) and making criminal threats (§ 422, subd. (a)). In September 2021, the trial court sentenced Williams to state prison for an aggregate term of eight years eight months, as follows: the upper term of eight years for the arson count and eight months (one-third the middle term) consecutive for the criminal threats count. The court imposed a $300 restitution fine (§ 1202.4, subd. (b)) and a corresponding $300 parole revocation fine (suspended unless parole is revoked) (§ 1202.45). There is nothing in the record indicating Williams appealed from the 2021 judgment. In April 2023, Williams filed a petition for resentencing, citing sections 1170, 1171, and 1172, and requesting relief under Assembly Bill Nos. 124, 256, 333, and 1540 (2021-2022 Reg. Sess.), and Senate Bill Nos. 73, 81, 483, 567, and 775 (2021-2022 Reg. Sess.). Later that month, the trial court denied Williams’s petition because no appeal had been filed from the 2021 judgment and his case “is final.” Williams timely appealed from the April 2023 order.