People v. Jernigan CA2/3

Filed 8/22/25 P. v. Jernigan CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B337181

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA060183) v.

JEFFERY LAWRENCE JERNIGAN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Sean D. Coen, Judge. Dismissed. Jennifer Peabody and Olivia Meme, under appointments by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Stephanie C. Brenan and Gabriel Bradley, Deputy Attorneys General, for Plaintiff and Respondent.

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MEMORANDUM OPINION1 Defendant Jeffery Lawrence Jernigan appeals from an order denying his request for resentencing under Penal Code section 1172.1.2 We conclude that the order Jernigan challenges is not appealable. We therefore dismiss the appeal. In 2001, a jury convicted Jernigan of sexual penetration with a foreign object (§ 289, former subd. (a)(1); count 1), sexual penetration by a foreign object against a victim under 18 years old (§ 289, subd. (h); count 2), and forcible rape (§ 261, subd. (a)(2); count 3), with a finding that he committed forcible penetration with a foreign object or forcible rape against more than one victim (§ 667.61). The trial court sentenced Jernigan to an aggregate term of 30 years to life. We affirmed the judgment on direct appeal. (People v. Jernigan (May 2, 2003, B155173) [nonpub. opn.].) In January 2023, Jernigan filed a form request for recall and resentencing pursuant to Assembly Bill No. 600 (2023–2024 Reg. Sess.) (Assembly Bill No. 600) and section 1172.1.3 He alleged that he was eligible for resentencing based on changes to the law since his initial sentencing, as reflected in sections 1170, 1170.1, and 1385.