People v. Lewis CA4/2

California Court of Appeal Nov 20, 2025 No. E086264Unpublished

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Holding. The court held that it lacked jurisdiction over the appeal because the trial court's denial of the defendant's unauthorized motions to modify a final judgment did not affect the defendant's substantial rights and was therefore not appealable.

Issues

Whether the trial court's denial of a motion under section 745 by a defendant with a final judgment is an appealable order.
Whether the trial court's denial of a motion for resentencing under section 1172.1 is an appealable order.
Whether the appellate court has jurisdiction to review the record for arguable issues when the underlying order is not appealable.

Disposition. Dismissed.

Quotations verified verbatim against the opinion

“The denial of the motion consequently did not affect Lewis’s substantial rights and is therefore not an appealable order.”

“Because we lack jurisdiction over this appeal, we do not have discretion to review the record to look for arguable issues.”

Filed 11/20/25 P. v. Lewis CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E086264

v. (Super.Ct.No. FSB038848)

ALVIN LAMONT LEWIS, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Michael A. Smith,

Judge. Dismissed.

Alvin Lamont Lewis, in pro. per.; and Jeanine G. Strong, under appointment by

the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

In 2003, a jury convicted Alvin Lamont Lewis of robbery and found that he

personally used a firearm in committing the offense. (Pen. Code, §§ 211, 12022.5, subd.

(a)(1); unlabeled statutory references are to this code.) The court denied his motion to

strike a prior strike conviction, and it sentenced him to 40 years to life in state prison. In

May 2024, Lewis filed a motion pursuant to subdivisions (a)(3)-(4) and (d) of section 745

and a discovery request pursuant to section 745, subdivision (a)(3), and Evidence Code

People v. Lewis CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

ALVIN LAMONT LEWIS, OPINION

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DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

MENETREZ J.

MILLER J.

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