People v. Williams CA1/3

BACKGROUND

On August 3, 1999, a jury convicted Williams of first degree murder (§ 187) with a special circumstance finding that the “murder was committed while [Williams] was engaged in, or was an accomplice in, the commission of, attempted commission of, or the immediate flight after committing, or attempting to commit” a felony under section 190.2, subdivision (a)(17). The jury also found true a sentencing enhancement under section 12022.5, subdivision (a), imposing additional punishment on Williams for his personal use of “a firearm in the commission of a felony or attempted felony.” For these offenses and others, Williams was sentenced to life without the possibility of parole. On November 18, 2019, Williams filed a petition to have his murder conviction vacated and to be resentenced under former section 1170.95. After the trial court appointed counsel for Williams, the People filed an opposition to resentencing and Williams filed a reply. The trial court denied the petition, finding that Williams had failed to make a prima facie showing that he satisfied the requirements of former section 1170.95. According to the trial court, Williams was ineligible for resentencing because…