People v. Williamss

A jury convicted Carlton Williams (appellant) of first degree murder (Pen. Code § 187; count I) and second degree murder (§ 187; count II), and found true allegations appellant had personally used a firearm (§ 12022.5) and that the offenses constituted a special circumstance (§ 190.2, subd. (a)(3)). At a penalty trial, the jury recommended life without the possibility of parole.

Appellant contends: (1) the trial court erred in refusing voluntary manslaughter instructions regarding count I; (2) this court should reduce count I to second degree murder; (3) his life without possibility of parole sentence is unconstitutionally disproportionate; (4) section 667, subdivisions (b)-(i) eliminated special circumstance statutes (§ 190.2); and (5) the abstract of judgment contains a custody credits clerical error.

We find merit only in appellant’s last contention, correct the clerical error, and, as corrected, affirm the judgment.

Factual Background

Despite the seriousness of the charges, the evidence is largely undisputed. Kiyana Cofield, the eight-year-old daughter of one of the victims, and appellant both testified he shot Gidget Jacobs and her sister Kimberly Cofield in the…