People v. Bueno CA4/1

Filed 7/31/24 P. v. Bueno CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083046

Plaintiff and Respondent,

v. (Super. Ct. No. SCD168469)

FIDEL JUNIOR BUENO III,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, John M. Thompson, Judge. Appeal dismissed. Tonja R. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Collette C. Cavalier and Christopher P. Beesley, Deputy Attorneys General, for Plaintiff and Respondent. INTRODUCTION Fidel Junior Bueno III brought a petition for resentencing under a variety of statutes, Senate Bills, and Assembly Bills. After not receiving a

response from the court, Bueno sent a copy of that petition to the San Diego District Attorney’s Office. The district attorney’s office forwarded the petition to San Diego Superior Court with a brief cover letter. The superior court issued an order denying the petition without prejudice, explaining why Bueno was not entitled to relief and indicating that the court would take “no further action.”

Bueno appeals the order, focusing entirely on Penal Code1 section 1172.1 and arguing the court improperly concluded it lacked jurisdiction to hear the petition under that statute. Because we conclude the trial court had no jurisdiction to recall Bueno’s sentence, the order denying his petition and taking no further action was not an appealable order. We therefore dismiss the appeal. FACTUAL AND PROCEDURAL BACKGROUND The underlying facts of Bueno’s crime are immaterial to the issue raised on appeal. Suffice it to say, in 2002, he attempted to kill three different individuals and fired a gun at an occupied dwelling. In 2003, Bueno pleaded guilty to three counts of attempted murder and admitted to firearm and gang enhancements as to two of those counts. He also pleaded guilty to shooting at an inhabited building. The court sentenced Bueno to 40 years in state prison. In 2023, Bueno filed a petition for resentencing under a variety of statutes, including section 1172.1, as well as multiple Senate Bills and Assembly Bills, in which he claimed to be entitled to sentencing relief under various, new ameliorative sentencing laws. A few months later, having heard nothing from the superior court on his petition, Bueno filed another copy of the petition with a request for ruling. He also sent a copy of the petition to