P. v. Williams CA2/4
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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR
THE PEOPLE,
Plaintiff and Respondent,
v.
ZACHARY EUGENE WILLIAMS,
Defendant and Appellant.
B276204
(Los Angeles County
Super. Ct. No. BA438098)
APPEAL from a judgment of the Superior Court of Los Angeles County, Scott M. Gordon, Judge. Affirmed.
Theresa O. Stevenson, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant Zachary Williams appeals from the judgment entered following his no contest plea to one count of voluntary manslaughter (Pen. Code, § 192, subd. (a)). His counsel filed an opening brief that raised no issues and requested independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). On December 29, 2016, we sent defendant a letter informing him of the nature of the brief that had been filed and advising him that he had 30 days to file a supplemental brief setting forth issues he wished this court to consider. Defendant submitted a letter in response dated February 15, 2017.
I. Background
On October 15, 2015, the Los Angeles County District Attorney’s Office filed an information charging defendant with one count of murder (§ 187, subd. (a)), with a special allegation that he personally used a deadly and dangerous weapon, a knife, in the commission of the offense (§ 12022, subd. (b)(1)).
At defendant’s preliminary hearing, witnesses testified that defendant and the victim were involved in an altercation around 1:00 a.m. on July 8, 2015 in the hallway of an apartment complex where they both lived. Neighbors heard the two men arguing and then saw them rolling on the floor of the hallway. Defendant was on top of the victim and was stabbing the victim “repeatedly” with a kitchen knife held in his left hand. With his right hand, defendant “had a choke hold” on the victim’s throat. Defendant then stopped, stood up, and went into his apartment. He exited less than a minute later, still holding the knife, and also carrying his clothes and shoes. Defendant then walked down the hallway and down the stairs. The victim sustained multiple stab wounds, including fatal wounds penetrating his heart and lungs.
On April 22, 2016, pursuant to a plea agreement for a stipulated term of 12 years, the People amended the information to add a second count for voluntary manslaughter. (§ 192, subd. (a).) Defendant entered a plea of no contest to count two and admitted the use of a deadly weapon allegation. Count one was dismissed.
The court sentenced defendant on May 19, 2016 to the stipulated 12-year term. Defendant timely appealed, asserting that his appeal was based on the sentence or other matters occurring after the plea that do not affect the validity of the plea, pursuant to Rules of Court, rule 8.304(b)(4).
II Defendant’s Contentions
In his letter, defendant states he knows his appeal “will be denied” and requests “the information that I need to file my appeal in the Ninth District Appeals Court.” Defendant’s request for legal advice raises no appealable issue and is not a proper ground for an appeal.
III. Wende review
In addition, we have independently reviewed the entire record. We are satisfied that no arguable issues exist and defendant has received effective appellate review of the judgment entered against him. (Smith v. Robbins (2000) 528 U.S. 259, 277-279; People v. Kelly (2006) 40 Cal. 4th 106, 123-124.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
COLLINS, J.
We concur:
EPSTEIN, P. J.
MANELLA, J.
Description | Defendant Zachary Williams appeals from the judgment entered following his no contest plea to one count of voluntary manslaughter (Pen. Code, § 192, subd. (a)). His counsel filed an opening brief that raised no issues and requested independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). On December 29, 2016, we sent defendant a letter informing him of the nature of the brief that had been filed and advising him that he had 30 days to file a supplemental brief setting forth issues he wished this court to consider. Defendant submitted a letter in response dated February 15, 2017. |
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