People v. Williams CA2/8

BACKGROUND

In 2013, defendant was charged in a consolidated information with 10 felony counts, including two counts of attempted murder arising from assaults on defendant’s former girlfriend and her brother while threatening them with a shotgun. After a jury trial in which defendant testified, defendant was found guilty of all charges and sentenced to an indeterminate term of 48 years to life, plus an eight-year determinate term. We affirmed defendant’s conviction. (People v. Williams (May 8, 2015, B252994) [nonpub. opn.].) After the passage of Senate Bill 1437 (2017–2018 Reg. Sess.) in 2018, defendant filed, in propria persona, his first petition for resentencing pursuant to Penal Code section 1172.6. In that initial petition, defendant erroneously asserted he had been convicted of murder (instead of attempted murder) under a theory of felony murder or the natural and probable consequences doctrine and requested the appointment of counsel. In support of his petition, defendant filed a document designated as both “supplemental evidence” in support of the resentencing petition and a “motion to dismiss” for failure to disclose exculpatory evidence.

2 The trial court denied both…