Filed 9/28/18 P. v. Williams CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
| THE PEOPLE,
Plaintiff and Respondent,
v.
MELVIN WILLIAMS,
Defendant and Appellant.
| B288304
(Los Angeles County Super. Ct. No. A737663) |
APPEAL from an order of the Superior Court of Los Angeles County. Upinder Kalra, Judge. Affirmed.
Kiran Prasad, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
* * * * * * * * * *
Defendant and appellant Melvin Williams appeals from a postjudgment order denying his petition for relief pursuant to Penal Code section 1170.18.
In 1988, defendant was convicted of a violation of Penal Code section 245, subdivision (a)(1) and sentenced to 36 months probation. It appears from the record presented that in May 2004, after successful completion of probation, defendant obtained an order, pursuant to section 1203.4, amending the charge to a misdemeanor and granting a dismissal.
Thereafter, defendant was convicted in case No. TA124662 of attempted murder, among other charges, and is currently serving a sentence of 56 years to life at Folsom State Prison.
On October 31, 2017, defendant filed a petition in the superior court seeking an order redesignating his prior assault conviction from 1988 as a misdemeanor pursuant to Penal Code section 1170.18.
On December 7, 2017, the superior court denied defendant’s petition, reasoning that defendant’s prior assault conviction is not eligible for reduction and relief under the statutory scheme.
Defendant filed a notice of appeal.
We appointed appellate counsel to represent defendant. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) in which no issues were raised. The brief included a declaration from counsel that she reviewed the record and sent a letter to defendant explaining her evaluation of the record. Counsel further declared she advised defendant of his right, under Wende, to submit a supplemental brief within 30 days.
On July 25, 2018, we sent a letter to defendant advising him of his right to file a supplemental brief. No supplemental brief was filed.
We have examined the entire record of the postjudgment proceedings consisting of one volume of a clerk’s transcript and are satisfied that appointed counsel fully complied with her responsibilities in assessing whether any colorable appellate issues exist. We conclude there are no arguable appellate issues. (People v. Kelly (2006) 40 Cal.4th 106; Wende, supra, 25 Cal.3d 436.)
DISPOSITION
The postjudgment order dated December 7, 2017 denying appellant’s petition for relief pursuant to Penal Code section 1170.18 is affirmed.
GRIMES, J.
WE CONCUR:
BIGELOW, P. J.
DUNNING, J.*
* Judge of the Orange Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
