People v. Vega CA2/1

Filed 5/13/21 P. v. Vega CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B308765

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA051544) v.

ANGEL LOUIS VEGA, JR.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Jared D. Moses, Judge. Dismissed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________________

Defendant and appellant Angel Louis Vega, Jr. (defendant) purports to appeal from a postjudgment order denying his motion filed pursuant to Penal Code section 1170, subdivision (d)(1) (section 1170(d)(1)). We conclude the order is not appealable, and dismiss.

BACKGROUND In 2003, a jury convicted defendant of second degree murder, and found true the allegation that in committing the offense he personally used a dangerous and deadly weapon, a knife. On December 29, 2003, the trial court sentenced defendant to 16 years to life. This court affirmed the judgment on February 25, 2005. In 2020, defendant filed a motion in the trial court “request[ing] appointment of counsel to represent me at [a] resentencing hearing pursuant to Penal Code 1170(d)(1).” The motion attached an “informal request” to the Los Angeles County District Attorney for a recommendation that the trial court recall defendant’s sentence and resentence him to a lower term. In that “informal request,” defendant argued his sentence was unconstitutional, the reasons for which are not pertinent to our resolution of the appeal before us. The trial court “reviewed the motion for appointment of counsel” and denied it without comment. Defendant filed a notice of appeal. We appointed appellate counsel, who found no arguable issues and requested we follow the procedures set forth in People v. Serrano (2012) 211 Cal.App.4th 496. We notified defendant that he could file a supplemental brief, which he did.