People v. Jackson CA2/1

Filed 3/5/25 P. v. Jackson CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B338151

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A614776) v.

FERNANDO ALBERTO JACKSON,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Sean D. Coen, Judge. Dismissed. Jennifer Peabody, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Fernando Alberto Jackson appeals from two orders denying his requests for a resentencing hearing pursuant to Penal Code section 1172.1.1 His appellate counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 identifying no issues and acknowledging that courts have disagreed as to whether the denial of a defendant’s section 1172.1 request for recall and resentencing is an appealable order. Jackson thereafter filed a supplemental brief arguing he was entitled to a resentencing hearing. We dismiss the appeal as we lack jurisdiction over it. PROCEDURAL BACKGROUND In 1980, a jury convicted Jackson of kidnapping for the purpose of ransom (§ 209). The court sentenced Jackson to imprisonment for life plus three years. Section 1172.1 permits a variety of government actors such as prison officials, the Board of Parole Hearings, and prosecutorial agencies to petition for the recall of a defendant’s sentence and resentencing. (§ 1172.1, subd. (a).) Effective January 1, 2024, the Legislature amended section 1172.1 to grant a trial court jurisdiction to resentence a defendant on the court’s own motion “at any time if the applicable sentencing laws at the time of [the] original sentencing are subsequently changed by new statutory authority or case law.” (Ibid.; Stats. 2023, ch. 446, § 2.) Previously, a trial court only had jurisdiction to recall a sentence on its own motion and resentence a defendant within 120 days of the date of judgment. (Former § 1172.1, subd. (a).) On February 23, 2024, Jackson filed a petition requesting recall and resentencing pursuant to newly amended section