People v. Williams CA2/8

California Court of Appeal May 28, 2024 No. B333593Unpublished

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Holding. The court affirmed the denial of the defendant's petition for resentencing under Penal Code section 1172.6, finding that the defendant failed to establish a prima facie case for relief because he was convicted as the actual perpetrator and his claims of trial error were outside the scope of the statute.

Issues

Whether the trial court erred in denying the defendant's petition for resentencing under Penal Code section 1172.6.
Whether the defendant's claims of trial court misconduct, ineffective assistance of counsel, and other trial errors are cognizable in a section 1172.6 resentencing proceeding.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The jury’s verdict and jury instructions establish that Williams was prosecuted and convicted as the actual perpetrator of the attempted murders.”

Filed 5/28/24 P. v. Williams CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B333593

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA124662-01) v.

MELVIN WILLIAMS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Connie R. Quinones, Judge. Affirmed.

Jennifer Peabody, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), we review this appeal of an order denying defendant’s petition for resentencing brought under Penal Code1 section 1172.6. We affirm. BACKGROUND On October 9, 2013, the People filed a third amended Information charging defendant Melvin Williams with infliction of corporal injury on Carliss Bell, assault on Bell by means likely to produce great bodily injury, and criminal threats to Bell in violation of sections 273.5, subdivision (a), 245, subdivision(a)(4), and 422, subdivision (a). The third amended Information also charged Williams with the attempted willful, deliberate, and premeditated murders of Bell and Darrell Williams, possession of a firearm by a felon, contempt of court, first degree residential burglary, and assaults on Bell and Williams with a firearm, in violation of sections 644/187, subdivision (a), 29800, subdivision (a)(1), 166, subdivision (c)(1), 459, and 245, subdivision (b). Other firearm and serious and violent felony enhancements were also alleged. The jury found Williams guilty of all counts, found the attempted murders were premeditated, willful and deliberate, and found true the firearm enhancement that he personally used a shotgun during the commission of the attempted murders. The jury was unable to agree on whether Williams intentionally discharged the firearm during commission of the attempted murders. In a bifurcated proceeding the trial court found that Williams had suffered a prior strike. The trial court sentenced Williams to 48 years to life plus 8 years. On May 8, 2015, this

People v. Williams CA2/8

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B333593

MELVIN WILLIAMS,

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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

STRATTON, P. J.

GRIMES, J.

WILEY, J.

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