People v. Williams CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Most of the background facts are taken from People v. Williams (July 14, 1997, C021467) [nonpub. opn.], the opinion from the direct appeal for defendant Brian Williams’s convictions. In 1994, defendant shot and killed the victim, his girlfriend’s estranged husband, after an argument. A jury found defendant guilty of second degree murder (Pen. Code, §§ 187, 189; statutory section citations that follow are to the Penal Code) and found true a personal firearm use enhancement (former § 12022.5, subd. (a)(1)). Defendant pleaded

1 no contest to unlawful possession of a firearm (former § 12021, subd. (a)(1)) and admitted a prior strike conviction (§ 667, subds. (b) - (i)). We affirmed defendant’s convictions on appeal but remanded the case for the court to exercise its discretion as to a sentencing issue. In 2019, defendant filed a section 1170.95 petition for resentencing under recently enacted Senate Bill No. 1437 (2017-2018 Reg. Sess.). The trial court received briefing from the parties. The court then issued a written order denying the petition, saying defendant was ineligible for relief because “[h]e was the actual killer, and no felony- murder…