People v. Scott CA1/5

Filed 8/18/25 P. v. Scott CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A171792 v. MICHAEL EARL SCOTT, (Alameda County Defendant and Appellant. Super. Ct. No. 142334)

Defendant Michael Earl Scott appeals from the trial court’s postconviction order denying his motion for resentencing pursuant to Penal Code section 1385 for lack of jurisdiction.1 His appointed appellate counsel filed a brief raising no issues on appeal and asking us to exercise our discretion to conduct an independent review of the record pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Defendant thereafter exercised his right to file a supplemental brief raising issues for our consideration. Having reviewed defendant’s supplemental brief and the record on appeal in accordance with the procedures set forth in Delgadillo, we dismiss his appeal.

1 Unless otherwise stated, all statutory citations herein are to the Penal

Code.

1

FACTUAL AND PROCEDURAL BACKGROUND On the night of October 6, 2001, defendant and two other men exited a car near the corner of 31st Street and Martin Luther King Way in Oakland. Defendant approached Eugene Abraham, who was drinking and smoking marijuana with some friends, and shot him three times, killing him. On June 3, 2002, defendant was convicted of one count of first degree murder (§ 187, subd. (a)); four counts of attempting to dissuade a witness (§ 136.1, subd. (a)(2)); and one count of possession of a firearm by a convicted felon (§ 12021, subd. (a)(1)). The trial court sentenced defendant to a determinate term of nine years eight months and an indeterminate term of 25 years to life, plus 25 years for a firearm enhancement pursuant to section 12022.53, subdivision (d). On March 11, 2004, this court affirmed defendant’s conviction in a nonpublished opinion (People v. Scott (Mar. 11, 2004, A099394)). On July 26, 2024, defendant filed a motion seeking to dismiss the section 12022.53, subdivision (d) firearm enhancement in “furtherance of justice” pursuant to section 1385. On September 24, 2024, the trial court dismissed defendant’s motion for lack of jurisdiction. On October 22, 2024, defendant filed a notice of appeal from the court’s September 24, 2024 order.2