People v. Rosiles CA3

Filed 4/7/25 P. v. Rosiles CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yuba) ----

THE PEOPLE, C100147

Plaintiff and Respondent, (Super. Ct. No. CRF110000598 )

v.

FRANK RENE ROSILES,

Defendant and Appellant.

Defendant Frank Rene Rosiles appeals from a postjudgment order denying his request for recall and resentencing pursuant to Penal Code section 1172.75.1 We will dismiss the appeal for lack of jurisdiction.

1 Undesignated statutory references are to the Penal Code.

1

BACKGROUND In 2012, after Rosiles pled no contest to multiple offenses and admitted that he had served two prior prison terms, the trial court sentenced him to state prison for an aggregate determinate term of four years eight months, and a consecutive indeterminate term of seven years to life. The determinate term included two 1-year enhancements for prior prison terms (§ 667.5, former subd. (b)) and the indeterminate term was for aggravated kidnapping. “Effective in 2020, the Legislature limited the circumstances in which a prior prison term enhancement may apply and effective in 2022, enacted a statute allowing for resentencing in certain cases.” (People v. Superior Court (Williams) (2024) 102 Cal.App.5th 1242, 1249, review granted Aug. 28, 2024, S286128.) Apparently in response to a communication from the Department of Corrections and Rehabilitation (CDCR) that Rosiles was eligible for this resentencing relief under section 1172.75, the trial court struck Rosiles’s prior prison term enhancements, confirming with defense counsel in an August 2022 hearing that he sought no other changes to Rosiles’s sentence. Rosiles did not appeal that new criminal judgment. With the assistance of counsel in November 2023, Rosiles filed a petition requesting full resentencing under section 1172.75, during which the trial court would reconsider all aspects of his original sentence in light of changes in the law that reduce punishment and/or provide for judicial discretion to reduce punishment and his postconviction record of rehabilitation. Among the changes in sentencing law that Rosiles highlighted in the 2023 petition was that, when considering whether to strike enhancements from a defendant’s sentence in the interests of justice pursuant to section 1385, trial courts must consider evidence offered by a defendant regarding certain enumerated mitigating circumstances. (See People v. Walker (2024) 16 Cal.5th 1024, 1032.) In connection with that new duty, Rosiles asked the trial court either to strike his