People v. Thomas CA5

Filed 7/22/25 P. v. Thomas 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F088795 Plaintiff and Appellant, (Super. Ct. No. BF182806A) v.

DEONTRAY THOMAS, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Kern County. J. Eric Bradshaw, Judge. Vicki Hightower, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Levy, J. and Detjen, J.

INTRODUCTION Appellant Deontray Thomas is currently serving a 12-year state prison sentence for possession of a firearm, possession of ammunition, and active participation in a criminal street gang, among other related offenses. He appeals from the trial court’s order denying his request for recall and resentencing under Assembly Bill No. 600 (2023−2024 Reg. Sess.) (Assembly Bill 600) and Penal Code1 section 1172.1. The court denied his request citing a “lack[] of jurisdiction to address the Motion/Petition.” On appeal, Thomas’s appointed counsel filed a no-issue brief requesting that we exercise our discretion to independently review the record for error under People v. Wende (1979) 25 Cal.3d 436 and People v. Delgadillo (2022) 14 Cal.5th 216. Thomas was advised by counsel of his right to file a supplemental brief within 30 days from the date the opening brief was filed. To date, he has not filed a supplemental brief. We conclude that the trial court’s order denying his request for recall and resentencing is not appealable and therefore dismiss the instant appeal. FACTUAL AND PROCEDURAL BACKGROUND On December 12, 2022, the Kern County District Attorney’s Office filed an amended information charging Thomas and his codefendant, Michael Leon Webber, with the following offenses: possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1), count 1), and possession of ammunition by a felon (§ 30305, subd. (a)(1), count 2). As to Thomas specifically, the information also charged him with possession of a firearm by a felon (§ 29800, subd. (a)(1), count 3); possession of ammunition by a felon (§ 30305, subd. (a)(1), count 4); carrying a loaded firearm while being an active participant in a criminal street gang (§ 25850, subd. (c)(3), count 5); active participation in a criminal street gang, specifically the Westside Crips (§ 186.22, subd. (a), count 6); possession of a firearm by a felon (§ 29800, subd. (a)(1), count 11), with a firearm use