People v. George CA4/1

Filed 5/28/25 P. v. George CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D084810

Plaintiff and Respondent,

v. (Super. Ct. No. SWF2201583)

JOE LYNN GEORGE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Riverside County, John M. Monterosso, Judge. Dismissed. Joe Lynn George, in pro. per.; and Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. MEMORANDUM OPINION Joe Lynn George purports to appeal from the trial court’s June 26, 2024 minute order “tak[ing] no action” on his request for recall and modification of sentence. His appellate counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and George filed a supplemental brief. We have reviewed the issues raised in George’s supplemental brief and, at our

discretion, have independently reviewed the record. (Id. at p. 232.) Doing so, we conclude the trial court’s order declining to act on his request for resentencing is not an appealable order and thus we lack jurisdiction to consider his appeal. Accordingly, we dismiss. I. Background In a second amended felony complaint, George was charged with three felony counts: felon in possession of a semi-automatic firearm who is

“addicted to the use of any narcotic drug” (Pen. Code,1 § 29800, subd. (a)(1); count 1); felon in possession of ammunition (§ 30305, subd. (a)(1); count 2); and gross negligent discharge of a firearm which could result in injury or death to a person (§ 246.3, subd. (a); count 3). It was alleged, as to count 1, George was armed with a deadly weapon (§ 667, subd. (e)(2)(C)(iii)) and, as to count 3, that George personally used a firearm (§ 1192.7, subd. (c)(8)). It was further alleged George had suffered a prior serious felony conviction (§ 667, subd. (a)) and four strike priors (id., subds. (c) & (e), 1170.12, subd. (c)), including 1997 convictions for assault with intent to rape (§ 220), rape (§ 261), lewd acts with a minor (§ 288), and a 1998 conviction for assault with intent to rape (§ 220). On February 29, 2024, George pled guilty to counts 1 and 3 and admitted he personally fired the gun within the meaning of section 1192.7, subdivision (c)(8), and that he had suffered the prior serious felony conviction (sometimes referred to as a “nickel prior”) and one strike conviction in exchange for an agreed upon sentence of 12 years, four months. The sentence imposed consisted of six years on count 3 (upper term of three years, doubled for the strike conviction), a consecutive term of one year, four months (one