People v. Honore CA2/2

Filed 10/27/25 P. v. Honore CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO THE PEOPLE, B338892

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. VA047208)

STEVEN LASHON HONORE,

Defendant and Appellant.

THE COURT: Steven Lashon Honore appeals from the denial of his petition for resentencing under Penal Code sections 1172.75 and 1172.1.1 His appellate counsel filed a brief consistent with People v. Delgadillo (2022) 14 Cal.5th 216 identifying no issues, and appellant then filed a supplemental brief on his own behalf. We dismiss the appeal because the trial court’s order was not appealable.

1 Undesignated statutory references are to the Penal Code.

PROCEDURAL BACKGROUND After a court trial in 1998, appellant was found guilty of attempted robbery and robbery, with findings that he personally used and discharged a firearm and that he had suffered two prior strikes and served one prior prison term. He was sentenced to 55 years to life in prison. The trial court did not impose a sentence for the prior prison term enhancement. In April 2023, appellant filed a motion for the court to strike a prior prison term enhancement imposed under section 667.5, subdivision (b), which the trial court construed as a motion for relief under section 1172.75. The matter was set for a hearing but was continued multiple times. Counsel was appointed and in May 2024 filed a brief in support of appellant’s motion, along with a letter of remorse, various certificates of completion of courses, and letters of support. The trial court convened a hearing on appellant’s motion on June 20, 2024, and denied it to the extent it was based on section 1172.75 because no sentence was imposed on appellant for his prior strike conviction. The court deemed his motion to also be made under section 1172.1, but denied it on that basis too because “a defendant is not entitled to file a petition seeking relief from the court under this section.” DISCUSSION “The right to appeal is statutory only, and a party may not appeal a trial court’s judgment, order or ruling unless such is expressly made appealable by statute.” (People v. Loper (2015) 60 Cal.4th 1155, 1159; People v. Hodge (2024) 107 Cal.App.5th 985, 992 (Hodge).) Section 1172.1 authorizes a trial court to recall the sentences of incarcerated defendants and resentence them “at