People v. Williams CA2/1

Filed 3/7/24 P. v. Williams CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B328763

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA212549) v.

ANZYLON WILLIAMS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Craig J. Mitchell, Judge. Affirmed. Jennifer A. Gambale, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ______________________

Because this appeal is determined by well-settled legal principles, we decide the matter by memorandum disposition. (Cal. Stds. Jud. Admin., § 8.1.) In 2001, a jury convicted defendant and appellant Anzylon Williams of (1) attempted willful, deliberate, and premeditated murder and (2) conspiracy to commit murder. The trial court sentenced defendant to 26 years to life in prison on the conspiracy count, and stayed execution of sentence on the attempted murder count pursuant to Penal Code1 section 654. In 2019, defendant filed a petition for resentencing under former section 1170.95. We affirmed the resentencing court’s denial of that petition, concluding former section 1170.95 did not apply to convictions for attempted murder. (People v. Williams (June 29, 2020, B300341) [nonpub. opn.].) The Supreme Court granted review and instructed us to vacate our opinion and reconsider the case in light of then- recently enacted amendments to former section 1170.95 and the Supreme Court’s decision in People v. Lewis (2021) 11 Cal.5th 952. In 2022, we issued a new opinion concluding that under the amendments to former section 1170.95, defendant was entitled to a new determination by the resentencing court as to whether her petition established prima facie eligibility for relief. (People v. Williams (Apr. 19, 2022, B300341) [nonpub. opn.].) On remand, in accordance with an agreement between the parties, the resentencing court vacated the attempted murder conviction and resentenced defendant on the conspiracy count. The resulting sentence was the same, 26 years to life.