People v. Sibley CA2/5

Filed 7/10/25 P. v. Sibley CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B340631

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA447172) v.

MAHLON ROMERO SIBLEY,

Defendant and Appellant.

Mahlon Romero Sibley (defendant) appeals from the order of the trial court denying his petition for resentencing under Penal Code section 1172.1.1 We appointed counsel for defendant, who filed a brief identifying no issues on appeal and requesting that we follow the procedures outlined in People v. Delgadillo (2022) 14 Cal.5th 216. Although, as discussed below, this appeal is subject to dismissal because it seeks review of a nonappealable

1 All further statutory references are to the Penal Code unless otherwise indicated.

order, where counsel has been appointed, we may follow the Delgadillo procedures in dismissing the appeal. (Accord, People v. Rosemond (2025) 108 Cal.App.5th 667, 673-674.)2 Defendant thereafter filed a supplemental brief in which he argues section 1385, subdivision (c)(2)(C) mandates dismissal of an enhancement where, as in the instant case, the resulting sentence exceeds a term of 20 years. Because the order from which defendant appeals is not appealable, we lack jurisdiction to consider it and dismiss the appeal. FACTUAL AND PROCEDURAL BACKGROUND In February 2022, defendant pled nolo contendere to one count of attempted second degree murder (§§ 664, 187, subd. (a)) and admitted an allegation that, in committing the crime, he personally and intentionally discharged a firearm (§ 12022.53, subd. (c)). The court accepted the plea, found defendant guilty of the charge, and sentenced him to prison for seven years on the attempted murder count, plus 20 years for the firearm enhancement, for a total of 27 years. On June 24, 2024, defendant filed a form request for recall of sentence and resentencing pursuant to Assembly Bill No. 600 (2023-2024 Reg. Sess.) and section 1172.1. He checked boxes stating he is “eligible for consideration of a new sentence under AB 600 and . . . § 1172.1” because the following laws applied at the time of his sentencing and have changed: section 1385 (amended in 2022 by Senate Bill No. 81), section 667, subdivision