People v. Uy CA3

Filed 7/8/25 P. v. Uy CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C100628

Plaintiff and Respondent, (Super. Ct. Nos. STKCRFECOD20120008481, v. SF120975D)

CHANDA UY,

Defendant and Appellant.

Defendant Chanda Uy was convicted of charges related to a shooting, and his sentence included the upper term on the principal count and the associated firearm enhancement. Defendant appeals from the trial court’s 2024 denial of his petition for

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resentencing under Penal Code1 section 1170.2 We will dismiss the appeal for lack of jurisdiction. FACTUAL AND PROCEDURAL BACKGROUND In 2016, defendant pled guilty to shooting at an occupied dwelling or vehicle (§ 246) and admitted a firearm enhancement (§ 12022.5, subd. (a)). He also pled guilty to unlawfully possessing an assault weapon (§ 30605), participating in a criminal street gang (§ 186.22, subd. (a)), and being a felon in possession of a firearm (§ 29800, subd. (a)(1)). The trial court sentenced defendant to prison for an aggregate term of 17 years 8 months, including the upper term for the section 246 conviction and the associated firearm enhancement. On December 26, 2023, defendant filed a “PETITION FOR RESENTENCING PURSUANT TO PENAL CODE SECTION 1170.” Citing Senate Bill No. 567 (2021- 2022 Reg. Sess.) (Senate Bill 567) and its amendments to section 1170,3 defendant argued that he was entitled to relief because the upper term had been imposed even

1 Undesignated statutory references are to the Penal Code.

2 The parties refer in their briefs to a reporter’s transcript that is not a part of the record on appeal. These references are stricken or disregarded. 3 Effective January 1, 2022, Senate Bill 567 amended section 1170 to generally provide for midterm sentences and prohibit upper term sentencing unless the circumstances in aggravation are stipulated to by the defendant, proven to a fact finder beyond a reasonable doubt, or relate to a prior conviction that is established by a certified record of conviction. (§ 1170, subd. (b)(1)-(3); see also California Rules of Court, rule 4.421 [setting forth circumstances in aggravation that a court may consider in sentencing].)