People v. Lino CA2/5

Filed 9/16/25 P. v. Lino CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B337964

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA095502 v.

OWEN VINCENT LINO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of the County of Los Angeles, Jacqueline H. Lewis, Judge. Dismissed. Lisa Jensen, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.

I. INTRODUCTION

Defendant Owen Lino appeals from the trial court’s order declining to exercise its discretion to resentence him under Penal Code section 1172.1.1 We dismiss the appeal as taken from a nonappealable order.

II. BACKGROUND

On November 11, 1994, a jury found defendant guilty on 14 felony counts, including multiple counts of robbery, rape in concert, oral copulation in concert, assault to commit rape, and grand theft of a motor vehicle. The jury also found multiple firearm enhancement allegations to be true. The trial court originally sentenced defendant to a term of 95 years and 8 months, but in 2000 the court issued an amended abstract of judgment reducing defendant’s sentence to 85 years and four months. On April 2, 2024, defendant filed a petition for recall and resentencing pursuant to section 1172.1. On April 17, 2024, the trial court read and considered the petition and ruled that no further action would be taken with respect to it. Defendant then filed a timely notice of appeal. Following appointment of counsel, defendant’s attorney filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) stating that she had reviewed the entire record and found no arguable issues on appeal. She requested that we follow the procedures outlined in Delgadillo and permit