People v. Gonsalves CA5

California Court of Appeal May 30, 2025 No. F087857Unpublished

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Holding. The court held that a defendant has no statutory right to appeal a trial court's denial of a request for recall and resentencing under Penal Code section 1172.1, as the statute does not entitle a defendant to file such a petition.

Issues

Whether a defendant has a right to appeal a trial court's denial of a request for recall and resentencing under Penal Code section 1172.1.
Whether a trial court's order denying a defendant's request for recall and resentencing under section 1172.1 affects the defendant's substantial rights.

Disposition. dismissed

Quotations verified verbatim against the opinion

“A defendant is not entitled to file a petition seeking relief from the court under this section.”

“It is settled that the right of appeal is statutory and that a judgment or order is not appealable unless expressly made so by statute.”

“Accordingly, defendant has no right to appeal from the court’s order and the appeal must be dismissed for lack of jurisdiction.”

Filed 5/30/25 P. v. Gonsalves CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

THE PEOPLE, F087857 Plaintiff and Respondent, (Super. Ct. No. CR-21-011193) v.

JOSHUA STEPHEN GONSALVES, OPINION Defendant and Appellant.

APPEAL from an order of the Superior Court of Stanislaus County. Dawna Reeves, Judge.

Martin Baker, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Christopher J. Rench and Kelly E. LeBel, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

INTRODUCTION In 2022, defendant Joshua Stephen Gonsalves was convicted of multiple offenses and sentenced to 14 years 8 months in prison. In 2024, he filed a request for recall and resentencing pursuant to Assembly Bill No. 600 (2023–2024 Reg. Sess.) (Assembly Bill No. 600) and Penal Code section 1172.1, alleging he was eligible for consideration of a new sentence, asserting section 1170.12 applied at the time of his sentencing and had changed. The court denied defendant’s request for relief in a written order. Defendant now appeals from the trial court’s order denying his request for relief pursuant to section 1172.1. For the reasons stated herein, we dismiss the appeal for lack of jurisdiction. FACTUAL AND PROCEDURAL BACKGROUND In 2022, a jury convicted defendant of two counts of possessing a firearm as a felon (Pen. Code, § 29800, subd. (a)(1); counts I & II), two counts of possessing ammunition as a felon (§ 30305, subd. (a)(1); counts III & IV), acquiring or using identifying information with the intent to defraud (§ 530.5, subd. (c)(3); count V), possessing materials used to make counterfeit currency (§ 480, subd. (a); count VI), and possessing counterfeit currency (§ 476; count VII). After a bench trial, the court found true an allegation defendant suffered a prior strike conviction. On June 8, 2022, the trial court sentenced defendant to 14 years 8 months in prison—eight years (the upper term of four years, doubled) on count VI, consecutive terms of 16 months each (one-third the middle term, doubled) for counts I, II, III, V, and VII, and 16 months (one-third the middle term) on count IV was ordered to run concurrently with the sentence on count III.1

People v. Gonsalves CA5

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

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