People v. Beason CA4/1

Filed 3/27/25 P. v. Beason CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D083452

Plaintiff and Respondent,

v. (Super. Ct. No. SCD275033)

MARLON BEASON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Runston G. Maino, Judge. Dismissed. Jan B. Norman, 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, Daniel J. Hilton and Steve Oetting, Deputy Attorneys General, for Plaintiff and Respondent. Marlon Beason appeals from an order denying his petition for sentencing modification. Because the trial court lacked jurisdiction when it denied Beason’s petition for resentencing, the order does not affect Beason’s

substantial rights and is not appealable. Resolving this matter by memorandum opinion (see generally People v. Garcia (2002) 97 Cal.App.4th 847), we therefore dismiss the appeal. I. A jury found Beason guilty of robbery (Pen. Code, § 211; count 1). Beason pled guilty to possession of two different firearms by a person previously convicted of a felony (§ 29800, subd. (a)(1); counts 2 and 3) and possession of ammunition by a person prohibited from possessing a firearm (§ 30305(a)(1); count 4). The court found true allegations that Beason had probation denial priors (§ 1203(e)(4)), three prison priors (§§ 667.5(b) & 668), and two serious felony priors (§§ 667(a)(1), 668, & 1192.7(c)) that were also alleged to be strike priors (§§ 667(b)-(i), 668, & 1170.12). In 2018, the court sentenced Beason to a total prison term of 25 years to life plus 16 years. After considering Beason’s direct appeal, we remanded for resentencing for the trial court to consider changes in law (1) giving it discretion regarding sentencing enhancements under section 667(a) and (2) precluding one-year prison prior enhancements under section 667.5(b) for non-sexually violent offenses. (People v. Beason (July 1, 2020, D074452) [nonpub. opn.].) On remand, the court struck the prison prior enhancements but declined to strike the serious felony priors, resulting in a total sentence of 25 years to life plus 14 years. In 2023, after the court in one of Beason’s prior serious felony strike cases reduced the offense to a misdemeanor, Beason petitioned the court in this matter to modify his sentence. The court denied the petition in late 2023 because it found Beason did not appear to have “legal standing to petition the court for resentencing.” It