People v. Graham CA2/4

Filed 1/5/26 P. v. Graham CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B342839

Plaintiff and (Los Angeles County Respondent, Super. Ct. No. BA170358 )

v.

ANTHONY KIMO GRAHAM,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura F. Priver, Judge. Dismissed. Sarah M. Javaheri, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Appellant Anthony Kimo Graham appeals from a postjudgment order denying his petition for recall and resentencing pursuant to Penal Code section 1385, subdivision (c)(2)(C)1 and Senate Bill No. 81 (Stats. 2021, ch. 721, § 1). His appointed counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 raising no issues and asserting the order was not appealable. Appellant filed a supplemental brief. We conclude that the trial court’s order was not appealable and dismiss the appeal. In 2000, appellant was convicted of assault with a firearm (§ 245, subd. (a)(2)). The jury also found true allegations that appellant personally used a firearm (§ 12022.5, subd. (a)) and personally inflicted great bodily injury (§ 12022.7, subd. (a)). The trial court found true allegations that appellant previously suffered a serious felony conviction (§ 667, subd. (b)) and two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)- (d)), and served a prior prison term (§ 667.5, subd. (b)). The trial court sentenced appellant to a third strike term of 25 years to life, plus consecutive terms of 10 years for the firearm enhancement and five years for the prior serious felony. The court imposed and stayed sentences for the great bodily injury enhancement and one-year prior. The judgment was affirmed on appeal. (People v. Graham (Mar. 22, 2001, B140146) [nonpub. opn.].) An amended abstract dated March 7, 2023 shows that appellant is no longer subject to the stayed one-year prior. On December 2, 2024, appellant, acting in propria persona, filed a petition for recall and resentence. He requested that the