People v. Barner CA2/8

Filed 11/26/25 P. v. Barner CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B337923

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA442619-01) v.

ASHLEY CRAIG BARNER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Deborah S. Brazil, Judge. Appeal dismissed.

Jake E. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent.

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We review an order denying Ashley Barner’s motion for resentencing brought under Penal Code1 section 1172.1, subdivision (a)(1). Because we find the order is not appealable, we dismiss the appeal. BACKGROUND On June 27, 2016, a jury convicted appellant Ashley Craig Barner of assault with a firearm in violation of section 245, subdivision (a)(2). It also found Barner personally used a sawed- off shotgun during the commission of the crime in violation of sections 12022.5, subdivision (a). On August 23, 2016, Barner admitted two prior strike convictions pursuant to sections 667, subdivision (d) and 1170.12, subdivision (b). The trial court sentenced Barner to 39 years to life in state prison under the Three Strikes Law as follows: 25 years to life for the assault, plus 10 years pursuant to section 667, subdivision (a)(1) for two prior serious felony convictions, plus the middle term of four years pursuant to section 12022.5 for use of the firearm. We affirmed the judgment. (People v. Barner (Aug. 25, 2017, B277839) [nonpub. opn.].) On April 8, 2024, Barner filed a Request for Recall of Sentence and Resentencing pursuant to Assembly Bill No. 600 and section 1172.1 and a request for appointment of counsel. On April 16, 2024, the trial court summarily denied appellant’s petition for resentencing without appointing counsel. The court declined to exercise its discretion to reduce the gun enhancement, citing the nature of the crime, Barner’s criminal history, the safety of the public, and the interests of justice. It also found