People v. Elder CA1/5

Filed 5/28/25 P. v. Elder CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for pur- poses of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A169926 v. COREY JEROME ELDER, (Solano County Super. Ct. No. Defendant and Appellant. FCR200854)

MEMORANDUM OPINION1

Corey Jerome Elder appeals from an order denying his motion requesting relief under the California Racial Justice Act of 2020 (the Act; Pen. Code, § 745).2 He argues that the trial court erred by denying his motion without appointing counsel or addressing his related discovery request. We conclude the challenged order is not appealable and dismiss Elder’s appeal.

A.

In 2005, a jury convicted Elder of one felony count of driving the wrong way on a divided highway (Veh. Code, § 21651, subd. (c)); one felony count of evading an officer causing serious

1 We resolve this appeal by a memorandum opinion

pursuant to California Standards of Judicial Administration, standard 8.1. 2 All undesignated statutory references are to the Penal

Code. 1

bodily injury (Veh. Code, § 2800.3); misdemeanor simple assault (Pen. Code, § 240); and misdemeanor hit and run without injury (Veh. Code, § 20002, subd. (a)). The jury found true an enhancement allegation that Elder inflicted great bodily injury (Pen. Code, § 12022.7, subd. (a)) during the commission of count three (driving the wrong way on a divided highway). The trial court originally sentenced Elder to a total prison term of 46 years to life.

On direct appeal, Elder challenged two five-year sentence enhancements imposed for prior convictions (§ 667, subd. (a)(1)), and four one-year sentence enhancements imposed for prior prison terms (§ 667.5, former subd. (b), as amended by Stats. 2002, ch. 606, § 2, eff. Sept. 17, 2002). (People v. Elder (Oct. 12, 2007, A112644) [nonpub. opn.].) This Division reversed the judgment to the extent it imposed these five-year and one-year enhancement terms, remanded the case for reconsideration, but otherwise affirmed the judgment against Elder. (Ibid.) In 2008, Elder was resentenced to an aggregate prison term of 43 years to life.