People v. Williams CA2/6 ( 2023 )


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  • Filed 12/19/23 P. v. Williams CA2/6
    NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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    has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX
    THE PEOPLE,                                                  2d Crim. No. B328398
    (Super. Ct. No. 2019027191)
    Plaintiff and Respondent,                                 (Ventura County)
    v.
    LATEEF WILLIAMS,
    Defendant and Appellant.
    Lateef Williams appeals from a judgment of conviction
    entered after his plea to one count of second degree burglary.
    (Pen. Code, § 459.)1
    We appointed counsel to represent appellant in this appeal.
    After an examination of the record, counsel filed an opening brief
    that raises no arguable issues. On October 2, 2023, we notified
    appellant by mail that he had 30 days within which to personally
    submit any contentions or issues he wished us to consider. On
    October 10, 2023, the notice was returned unopened and marked,
    1   All further statutory references are to the Penal Code.
    “return to sender, not in custody.” Neither appellant nor his
    counsel has provided any information regarding appellant’s
    current address after his release from custody. No supplemental
    brief was filed.
    In August 2019, appellant attempted to enter the victim’s
    home while she and her three-month-old baby were asleep in the
    bedroom. After awakening to a loud noise, the victim observed
    appellant walking around the backyard wearing only a t-shirt,
    talking to himself and masturbating. Appellant broke a kitchen
    window and had his upper body inside the house when law
    enforcement arrived and ordered him to stop. He complied and
    was arrested.
    In January 2023, appellant pleaded guilty to second degree
    burglary (§ 459), admitted the aggravating factors (Cal. Rules of
    Court, rule 4.421(b)(1), (b)(3)), and also admitted the prior strike
    offense (§§ 667, 1170.12). At that same hearing, appellant
    pleaded guilty to one count of felony vandalism in a separate case
    (§ 594, subd. (b)(1)).
    Neither of the charges required mandatory sex offender
    registration (§ 290, subd. (c)(1)), there was no discussion of sex
    offender registration at the plea hearing, and the sex offender
    registration admonition was crossed out on the plea form
    appellant signed.
    In March 2023, appellant appeared for sentencing on both
    matters and was represented by stand-in counsel. The trial court
    sentenced appellant to 7 years 4 months with credit for 2,588
    days time served. In addition, it ordered him to register as a sex
    offender pursuant to section 290.
    In April 2023, after appellant was released on parole, his
    parole agent filed a petition for revocation alleging appellant had
    2
    failed to charge his GPS monitoring device and possessed drug
    paraphernalia.
    In May 2023, the parties, along with appellant’s original
    attorney, returned to court to address concerns about the terms of
    appellant’s sentence. Appellant’s attorney requested the trial
    court strike the sex offender registration requirement, or in the
    alternative, consider allowing appellant to withdraw his plea.
    The trial court took the request under submission.
    The trial court granted appellant’s request to strike the
    registration requirement and ordered an amended abstract of
    judgment to be filed.
    We have reviewed the entire record and are satisfied that
    appellant’s counsel has fully complied with her responsibilities
    and that no arguable issue exists. (People v. Wende (1979) 
    25 Cal.3d 436
    .)
    Disposition
    The judgment is affirmed.
    NOT TO BE PUBLISHED.
    YEGAN, acting P. J.
    We concur:
    BALTADANO. J.
    CODY, J.
    3
    Bruce A. Young, Judge
    Superior Court County of Ventura
    ______________________________
    Richard Lennon and Olivia Meme, under appointment by
    the Court of Appeal, for Defendant and Appellant.
    No appearance for Respondent.
    

Document Info

Docket Number: B328398

Filed Date: 12/19/2023

Precedential Status: Non-Precedential

Modified Date: 12/19/2023