People v. Williams CA4/2

Good Law
Court of Appeal of CaliforniaNovember 9, 2022E072975ACalifornia1,653 words

Opinion

Opinion

INTRODUCTION

Defendant and appellant Curtis John Williams filed a petition for resentencing

pursuant to Penal Code former section 1170.95,1 which the trial court denied. Defendant

appealed, arguing that his petition was improperly denied since he made a prima facie

showing that the provisions of former section 1170.95 applied to him. By opinion filed

October 8, 2020, we affirmed.

On September 28, 2022, the California Supreme Court transferred the matter back to

us with directions to vacate our decision and reconsider the cause in light of Strong, supra,

13 Cal.5th 698 and People v. Lewis (2021) 11 Cal.5th 952 (Lewis). On October 3, 2022, we

ordered our decision vacated and set a briefing schedule.

Defendant now contends the trial court almost certainly based its denial of his

petition on the felony-murder special-circumstance findings. He argues that pursuant to

Strong, the court erred in determining the jury’s true findings on the special circumstance

allegations rendered prior to the decisions in People v. Banks (2015) 61 Cal.4th 788 (Banks)

and People v. Clark (2016) 63 Cal.4th 522 (Clark), made him ineligible for relief.

Defendant maintains he made the requisite…

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