People v. Curl CA2/1

California Court of Appeal Jul 10, 2025 No. B337197Unpublished

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Holding. The court affirmed the denial of the defendant's petition for resentencing under Penal Code section 1172.6, finding that the defendant was ineligible for relief because he was the sole perpetrator and entered his plea after the relevant statutory amendments.

Issues

Whether the trial court erred in denying the defendant's petition for resentencing under Penal Code section 1172.6.
Whether the appellate court has jurisdiction to review the denial of the defendant's motions under the Racial Justice Act and section 1172.1.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Given the date of his plea, he is not an individual who was convicted under a now-invalid theory of law and hence entitled to vacatur.”

“The sole matter before us in this appeal is defendant’s former section 1170.95 petition. It is beyond the scope of the appeal to consider purported errors at defendant’s original trial.”

Filed 7/10/25 P. v. Curl CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B337197

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA486261) v.

JOSEPH ALLEN SAXTON CURL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura F. Priver, Judge. Affirmed. Olivia Meme, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________________

Defendant Jospeh Allen Saxton Curl appeals from the denial of his petition for resentencing under Penal Code1 former section 1170.95, now numbered section 1172.6. Appointed appellate counsel has filed a brief identifying no issues and requesting we follow the procedures outlined in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Defendant has filed a supplemental brief raising challenges not cognizable in this appeal. Accordingly, we affirm.

BACKGROUND

1. Conviction An information filed November 5, 2020 charged defendant with one count of murder (§ 187, subd. (a)) and one count of possession of a firearm by a felon (§ 29800, subd. (a)(1)), both committed in March 2020. As to the murder count, the information alleged firearm enhancements under section 12022.53. The case proceeded to trial. On March 14, 2022, during trial, defendant entered into a plea agreement with the prosecution under which he pleaded guilty to one count of voluntary manslaughter (§ 192, subd. (a)) and admitted to a firearm use enhancement (§ 12022.5, subd. (a)) and two aggravating factors. The trial court sentenced defendant to 15 years, awarded credits, and imposed fines and fees.

People v. Curl CA2/1

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B337197

JOSEPH ALLEN SAXTON CURL,

BACKGROUND

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