People v. Winzer CA4/2

Filed 7/2/25 P. v. Winzer CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E084931

v. (Super.Ct.No. FVI23000596)

KENNETH DEWAYNE WINZER, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Stephanie Tanada,

Judge. Dismissed.

Lizabeth Weis, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance by Plaintiff and Respondent.

1

On the court’s own motion, the appeal filed in the superior court on October 29,

2024, from the trial court’s denial of defendant’s postjudgment motion for resentencing

under Penal Code1section 1172.1 is DISMISSED because it does not affect defendant’s

substantial rights. (§ 1237, subd. (b).) The trial court lacked jurisdiction to adjudicate

defendant’s motion for resentencing. (§ 1172.1, subd. (c) [“A defendant is not entitled to

file a petition seeking relief from the court under this section.”].) Since the court lacked