People v. Lee CA1/4

Filed 4/14/25 P. v. Lee CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A169284 v. EDWIN LEE, (San Mateo County Super. Ct. No. SC081859A) Defendant and Appellant.

Defendant Edwin Lee appeals the denial of his petition requesting resentencing under Penal Code1 section 1172.1. The Attorney General contends that the appeal must be dismissed because the court’s order is not an appealable order under section 1237. We agree and therefore dismiss the appeal. BACKGROUND I. Section 1172.1 Where, as here, execution of sentence has commenced and the judgment is final, the trial court is generally “deprived of jurisdiction to resentence” a criminal defendant. (People v. Karaman (1992) 4 Cal.4th 335,

1 All statutory references are to the Penal Code.

344.) Section 1172.1 provides an exception to this general rule.2 At the time of the court’s ruling in this case, section 1172.1, subdivision (a)(1), authorized a trial court to recall a sentence and resentence a defendant “ ‘on its own motion’ within 120 days of the date of commitment” or “ ‘at any time’ upon the recommendation of various designated correctional or law enforcement authorities.” (People v. Hodge (2024) 107 Cal.App.5th 985, 992; see also Stats. 2022, ch. 58, § 9, eff. June 30, 2022.) Effective January 2024, section 1172.1, subdivision (a)(1) was amended to expand the trial court’s authority to recall and resentence a defendant “on its own motion,” adding that the court may do so “within 120 days of the date of commitment or at any time if the applicable sentencing laws at the time of original sentencing are subsequently changed by new statutory authority or case law.” (Stats. 2023, ch. 446, § 2, eff. Jan. 1, 2024.) II. Procedural Background In August 2014, Lee was charged with murder (§ 187, subd. (a)), robbery (§ 212.5, subd. (a)), burglary (§ 460, subd. (a)) and kidnapping (§ 209, subd. (b)(1)), each with several sentencing enhancements. In August 2015, Lee pled no contest to one count of burglary, with several sentencing enhancements, and one count of first degree robbery, also with several enhancements, and was sentenced to 20 years and 4 months in prison. In January 2022, Lee wrote to the District Attorney requesting that the District Attorney consider recommending that he be resentenced under