People v. Zavala CA6

Filed 7/25/24 P. v. Zavala CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H051816 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS130578A)

v.

ISIDRO ZAVALA,

Defendant and Appellant.

MEMORANDUM OPINION1 Appellant Isidro Zavala appeals from the postjudgment order denying his request for resentencing under Senate Bill No. 620 (2017–2018 Reg. Sess.), which gave trial courts the discretion to strike a firearm enhancement, as well as Senate Bill No. 81 (2021–2022 Reg. Sess.), which amended Penal Code section 1385.2 Zavala’s appellate counsel filed a brief under People v. Serrano (2012) 211 Cal.App.4th 496 (Serrano), and Zavala filed his own supplemental letter brief. We issued an order to show cause why the appeal should not be dismissed as taken from a nonappealable order because Zavala’s

We resolve this case by memorandum opinion pursuant to California Standards 1

of Judicial Administration, Title 8, Standard 8.1. (See also People v. Garcia (2002) 97 Cal.App.4th 847, 853–855.) 2 Unspecified statutory references are to the Penal Code.

judgment was final when he filed his motion requesting resentencing. We will now dismiss the appeal. In October 2013, Zavala pleaded no contest to carjacking (§ 215, subd. (a)) and misdemeanor street terrorism (§ 186.22, subd. (a)), and further admitted a firearm enhancement (§ 12022.5, subd. (b)) and a prior strike conviction (§ 1170.12, subd. (c)(1)). In December 2015, the trial court sentenced Zavala to an agreed-upon term of 16 years in prison—the lower term of three years for the carjacking, doubled due to his prior strike, plus 10 years for the firearm enhancement, and a concurrent term of one year for misdemeanor street terrorism. Zavala did not appeal, and the judgment became final in February 2016. In September 2023, Zavala moved for resentencing under Senate Bill Nos. 620 and 81.3 At the hearing on the motion held in January 2024, Zavala was not present. The trial court indicated that Zavala had been “authorized for Zoom” but that he had “not logged in.” Counsel for the parties submitted on their written filings, and the trial court denied the motion after finding Zavala ineligible for the requested relief. In criminal appeals arising from proceedings other than the first appeal of right, if appointed counsel files a brief finding no arguable issues, the defendant has the right to file a supplemental brief, and the reviewing court, after informing the defendant of that right, may then “either retain the appeal or dismiss it on [its] own motion.” (Serrano, supra, 211 Cal.App.4th at p. 503; People v. Delgadillo (2022) 14 Cal.5th 216, 231–232.) But we do not reach the merits of Zavala’s supplemental letter brief, as we must first address the threshold issue of appealability and jurisdiction.