People v. Williams CA2/3

INTRODUCTION

In 1991, defendant Donald Lee Williams and a codefendant were convicted of first degree murder. The jury also found a felony-murder special circumstance true. Williams appeals from the denial of his petition for recall and resentencing under Penal Code section 1170.95. He contends that the trial court improperly reviewed the record of conviction and that the true finding on the special circumstance does not bar relief. We conclude that based on the instructions at trial, the jury could not find the special circumstance true unless it concluded Williams was either the actual killer or acted with malice aforethought. Because he could not have been convicted under a now-invalid theory of murder, he is ineligible for relief as a matter of law. We therefore affirm.

BACKGROUND

In 1991, a jury convicted Williams of one count of murder (Pen. Code,1 § 187, subd. (a); count 9) and found true the special- circumstance that the murder was committed during a robbery (§ 190.2, subd. (a)(17)). The jury also convicted him of numerous other crimes and enhancements not relevant here. The court sentenced Williams to life without the possibility of parole for count 9 and multiple life…