People v. Williams CA4/2

California Court of Appeal Mar 11, 2024 No. E082699Unpublished

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Holding. The court affirmed the denial of the defendant's petition for resentencing, finding that the enhancements he sought to challenge were never imposed and that he failed to establish a legal basis for relief.

Issues

Whether the trial court erred in denying the defendant's petition for resentencing regarding alleged enhancements under Penal Code sections 667.5, subdivision (b) and 667, subdivision (a)(1).
Whether the defendant is entitled to relief under Penal Code section 1172.1.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The trial court did not impose any of the enhancements defendant claims it did.”

“Defendant is simply factually mistaken in the premises for his argument.”

“The trial court’s order denying defendant’s request for postconviction relief is affirmed.”

Filed 3/11/24 P. v. Williams CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E082699

v. (Super.Ct.No. FWV18001472)

STEVEN STEPHON WILLIAMS, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Ingrid Adamson

Uhler, Judge. Affirmed.

Steven Stephon Williams, in pro. per.; and Laura Arnold, under appointment by

the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant Steven Stephon Williams appeals from the trial court’s

denial of his in propria persona petition for resentencing on an enhancement he asserted

was imposed pursuant to Penal Code,1 section 667.5, subdivision (b). (See former

§ 1171.1, recodified as § 1172.75 [invalidating certain enhancements imposed under

§ 667.5, subd. (b), and providing procedure for recall and resentencing].) The trial court

appointed counsel for defendant and subsequently denied the petition because, as counsel

People v. Williams CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

STEVEN STEPHON WILLIAMS, OPINION

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DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

CODRINGTON J.

FIELDS J.

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