People v. Dunckhurst CA3

Filed 9/25/25 P. v. Dunckhurst CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Shasta) ----

THE PEOPLE, C101382

Plaintiff and Respondent, (Super. Ct. Nos. CRF05- 0001322, CRF05-0004161) v.

STEPHEN CHRISTOPHER DUNCKHURST,

Defendant and Appellant.

Defendant Stephen Christopher Dunckhurst appeals from a postconviction order refusing to consider his in propria persona petition seeking resentencing pursuant to Penal Code section 1172.75 (formerly section 1171.1; statutory section citations that follow are to the Penal Code). Appellate counsel filed a brief raising no arguable issues under People v. Wende (1979) 25 Cal.3d 436 and People v. Delgadillo (2022) 14 Cal.5th 216 asking this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. Defendant has filed a supplemental brief arguing this court should review the propriety of his 2005 conviction for vehicle theft. In addition, we asked the parties to file supplemental briefs addressing: the trial court’s

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jurisdiction to consider defendant’s resentencing request, the timeliness of defendant’s appeal, and the appealability of the trial court’s orders. Having considered those briefs, we conclude the appeal must be dismissed.

FACTS AND HISTORY OF THE PROCEEDINGS According to an unpublished decision issued by this court on May 30, 2014, “In 2005, the trial court sentenced [defendant] to an aggregate term of 33 years to life in prison. The sentence consisted of a three strikes (§§ 667, subds, (b)-(i), 1170.12) sentence of 25 years to life for unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)) in case No. 05F1322, and an eight-year sentence (the three-year upper term doubled plus two years for two prior prison term enhancements) for possession of a deadly weapon by a prisoner (§ 4502) in case No. 05F4161.” (People v. Dunckhurst (May 30, 2014; C074341) [nonpub. opn.] (Dunckhurst).) “In 2010, the Kings County Superior Court sentenced [defendant] to a consecutive term of 30 years to life for assault on an inmate with a deadly weapon or by means of force likely to cause great bodily injury, with two strikes, and a great bodily injury enhancement (§ 12022.7, subd. (a)). The sentence consisted of nine years to life tripled plus three years for the enhancement.” (Dunckhurst, supra, C074341.) An abstract of judgment filed May 24, 2018, shows two section 667.5, subdivision (b) enhancements associated with the eight-year sentence in case No. 05F4161. A review of the first amended felony information associated with that case shows that the prison priors were for robbery (§ 211) and transportation of a controlled substance (Health & Saf. Code, § 11379, subd. (a)). Defendant admitted these priors as part of an August 26, 2005, plea agreement. Effective January 1, 2020, Senate Bill No. 136 (2019-2020 Reg. Sess.) (Stats. 2019, ch. 590) amended section 667.5 “by limiting the prior prison term enhancement to