People v. Dearing CA5

California Court of Appeal Jan 28, 2026 No. F089368Unpublished

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Holding. The court held that a trial court's decision not to act on a defendant's request for recall and resentencing under Penal Code section 1172.1 is not an appealable order, necessitating the dismissal of the appeal.

Issues

Whether a trial court's summary denial of a defendant-initiated petition for resentencing under Penal Code section 1172.1 is an appealable order.

Disposition. dismissed

Quotations verified verbatim against the opinion

“[A] trial court’s decision not to act on a defendant’s section 1172.1 request for recall and resentencing does not affect [the defendant’s] substantial rights and is therefore not appealable under section 1237, subdivision (b).”

“[T]he trial court’s order declining to act on the petition is not an appealable order. Because we lack jurisdiction to consider his appeal, we dismiss.”

Filed 1/28/26 P. v. Dearing 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F089368 Plaintiff and Respondent, (Super. Ct. No. VCF034725) v.

MICHAEL DEARING, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Tulare County. Melinda Myrle Reed, Judge. Douglas C. Foster, 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 Hill, P. J., Franson, J. and Harrell, J.

INTRODUCTION In 1998, appellant and defendant Michael Dearing (appellant) pleaded no contest to 39 felonies and additional offenses and enhancements for sexually molesting a minor. He was sentenced to 82 years plus 15 years to life. In 2024, appellant filed a request for resentencing pursuant to Penal Code1 section 172.1. The trial court summarily denied the petition. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record pursuant to People v. Delgadillo (2022) 14 Cal.5th 216. After appropriate notice, appellant did not file a supplemental brief on his own behalf. As we explain, this appeal is dismissed. PROCEDURAL BACKGROUND On September 11, 1997, an information was filed in the Superior Court of Tulare County charging appellant with 47 counts based on committing multiple acts of sexual molestation against two minors in 1996 and 1997. On April 29, 1998, on the scheduled first day of his jury trial, appellant pleaded no contest to 45 counts based on the sexual molestation of one minor as follows: 18 counts of committing a lewd act on a child (§ 288, subd. (a)), with enhancements attached to 16 counts that the victim was under the age of 14 years and appellant engaged in substantial sexual conduct (§ 1203.066, subd. (a)(8)), and an enhancement to one count that appellant inflicted great bodily injury (§ 667.61, subd. (e)(7)); 21 counts of penetration by a foreign object (§ 289, subd. (j)), with enhancements attached to three counts that the victim was under the age of 14 years and appellant engaged in substantial sexual conduct (§ 1203.066, subd. (a)(8)); and six misdemeanor counts of

People v. Dearing CA5

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