People v. Yang CA5

Filed 12/15/25 P. v. Yang CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F089300 Plaintiff and Respondent, (Super. Ct. No. F12909247) v.

STEVEN YANG, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Jonathan M. Skiles, Judge. Jyoti Malik, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Franson, J. and Peña, J.

Defendant Steven Yang “invite[d]” the trial court to recall his sentence and resentence him pursuant to Penal Code section 1172.1.1 The court denied the request. On appeal, appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), arguing that the trial court’s order is appealable, but also stating that counsel found no arguable issues on appeal. Subsequently, our court issued an order directing counsel to provide defendant with a copy of the brief, notifying defendant that counsel found no arguable issues, notifying defendant that he had 30 days to file a supplemental letter or brief raising any arguable issues, and warning defendant that his failure to file a supplemental letter or brief could result in this court dismissing the appeal as abandoned. Defendant did not file a supplemental letter or brief. Accordingly, we dismiss the appeal as abandoned. BACKGROUND On March 18, 2015, defendant entered into a plea agreement. He pled no contest to two counts of assault with a semiautomatic firearm (§ 245, subd. (b); counts 4, 5). He also admitted that, as to count 4, he personally inflicted great bodily injury (§ 12022.7, subd. (a)) and that the offense was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)).2 The stipulated term was 21 years. All other counts and enhancements were dismissed. On April 17, 2015, the trial court sentenced defendant to the stipulated term of 21 years in prison, which consisted of: on count 4, nine years (the upper term) plus

1 Undesignated statutory references are to the Penal Code. 2 The second amended complaint alleged the gang enhancement pursuant to section 186.22, subdivision (b)(1)(B), and defendant admitted to this allegation. However, pursuant to the plea agreement, defendant was sentenced under section 186.22, subdivision (b)(1)(C).