People v. Guzman CA4/1

Filed 8/14/25 P. v. Guzman CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084040

Plaintiff and Respondent,

v. (Super. Ct. No. RIF110891)

SAMUEL SAMSON GUZMAN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Riverside County, Thomas M. Kelly, Judge. Dismissed. Janice R. Mazur, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Samuel Samson Guzman appeals from the trial court’s order denying

his request to recall his sentence pursuant to Penal Code1 section 1172.1. His appointed counsel filed a brief pursuant to Anders v. California (1967) 386 U.S. 738 (Anders) and People v. Wende (1979) 25 Cal.3d 436 (Wende), which raised no arguable issues but asked us to independently review the

1 All further statutory references are to the Penal Code.

record for reversible error. We offered Guzman the opportunity to file his own supplemental brief on appeal, but he has not responded. After reviewing the record and the briefing submitted by counsel, we conclude the trial court’s order is not appealable, and we therefore dismiss the appeal.

BACKGROUND2 A jury convicted Guzman of second degree murder (§§ 187 and 189, subd. (b)) and found true the allegation that he personally discharged a firearm causing death. (§§ 12022.53, subd. (d) and 1192.7, subd. (c)(8).) In December 2005, the court sentenced him to an indeterminate prison term of 40 years to life, consisting of 15 years to life for the murder and 25 years to life for use of the firearm. In March 2024, Guzman, acting in pro. per., filed a form “(Addendum) Request for Recall of Sentence and Resentencing Pursuant to Assembly Bill 600 and Penal Code Section 1172.1” seeking relief following statutory changes to several sentencing laws. Under the section of the form entitled “Reasons to Grant Relief,” Guzman explained that he had earned an associate’s degree, maintained a sober lifestyle, gained insight into his crime, and learned a wide array of tools and skills. He also provided evidence that he will receive disability compensation from the Department of Veterans Affairs for posttraumatic stress disorder upon release. In response to his filing, the court issued a minute order stating it had read and considered his ex-parte correspondence and was denying his request. DISCUSSION Under section 1172.1, the “[trial] court may, on its own motion, within 120 days of the date of commitment or at any time if the applicable