People v. Williams
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In 1969, then 20-year old Williams and two juveniles committed an attempted robbery of a milkman; the milkman was fatally shot. Williams was convicted of first-degree murder. The court noted that the overwhelming evidence that Williams was present and participated. After serving seven years, Williams was released on parole. In 1979, he committed another murder. Williams was convicted of second-degree murder.
In 2019, Williams sought to vacate his 1969 conviction. He cited the sentencing transcript in which the court had stated the crime was “senseless and cruel" but "not deliberate and premeditated,” and the expression of “some doubt" that Williams "did the actual killing’” and a 2014 decision by former Governor Brown reversing a favorable parole recommendation, stating that “Williams’ crime partners shot and killed a milkman.” The court found Williams not eligible for resentencing because he could have been found guilty of first-degree murder under the newly-amended Penal Code 189 as a major participant who acted with reckless indifference to human life in the commission of felony murder.
The court of appeal affirmed. The robbery was planned at Williams's home. Williams held the gun, which contained at least three bullets; the court could reasonably infer that Williams had a reasonable expectation that death could result. He had an opportunity to act as a restraining influence on the attempted robbery and the juveniles. After the shooting, the three fled without calling for assistance or attempting to render aid to the victim who did not die at the scene.
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