People v. Williams CA4/2

INTRODUCTION

A jury convicted defendant and appellant Curtis John Williams of second degree

murder and robbery. After the passage of Senate Bill No. 1437 (2017-2018 Reg. Sess.)

(Senate Bill 1437), he filed a petition for resentencing under Penal Code1 section

1170.95. A trial court found that he was not eligible for relief, based on the prosecutor’s

erroneous representation that he was the actual killer, and it summarily denied his

petition. Defendant contends the denial order must be reversed because the court failed

to follow the procedural steps required by section 1170.95 and violated his right to due

process under California law. He further argues the order must be reversed because the

prosecutor’s statement that he was the actual killer amounted to prosecutorial

misconduct, and defense counsel’s agreement with that statement amounted to ineffective

assistance of counsel. We conclude the trial court in denying the petition on the

erroneous ground that defendant was the actual killer but that any error was harmless

beyond a reasonable doubt. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND2

“On December 2, 1995, the victims, Vincent Anes and Sherry Magpali, went to…