People v. Serrano CA2/4

California Court of Appeal Feb 21, 2023 No. B310169Unpublished

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Holding. The court held that the 2020 appeal regarding the denial of resentencing was moot because the superior court subsequently granted the relief requested, and it affirmed the 2022 resentencing order because the defendant failed to demonstrate reversible error.

Issues

Whether the 2020 appeal from the denial of a petition for resentencing is moot following the superior court's subsequent grant of resentencing.
Whether the defendant is entitled to independent Wende review on an appeal from a postjudgment order.
Whether the defendant's challenge to his underlying conviction is cognizable in an appeal from a resentencing order.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We find that the 2020 appeal is moot, as the superior court granted appellant’s request to recall his sentence and resentence him pursuant to the changes in the sentencing laws.”

“With respect to the 2022 appeal, we find that appellant has not demonstrated reversible error.”

“As this is an appeal from a motion for postjudgment relief, not a first appeal as a matter of right, appellant is not entitled to Wende review.”

Filed 2/21/23 P. v. Serrano CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B310169 consolidated with B319180 Plaintiff and Respondent, (Los Angeles County v. Super. Ct. No. BA176519)

GILBERT ISRAEL SERRANO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Ronald S. Coen, Judge. Affirmed. Catherine White, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Michael R. Johnsen and Theresa A. Patterson, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION

In 1999, a jury convicted appellant Gilbert Serrano of battery, false imprisonment, and unlicensed practice of dentistry. He was sentenced to 60 years to life in prison. We affirmed his conviction on appeal. In 2020, the District Attorney of Los Angeles County (the People) recommended that the superior court recall appellant’s sentence and resentence him pursuant to former Penal Code section 1170, subdivision (d)(1).1 The court declined to recall the sentence and summarily denied appellant’s motion for reconsideration. Appellant appealed in December 2020. While the appeal was pending, Assembly Bill No. 1540 (2021-2022 Reg. Sess.) (Assembly Bill No. 1540) was signed into law in October 2021 and became effective on January 1, 2022. (Stats. 2021, ch. 719.) The bill moved the recall and resentencing provisions of section 1170, subdivision (d)(1) to a new section, 1170.03, and revised its terms.2 We granted appellant’s unopposed request to stay the appeal and remand the matter to the superior court for reconsideration of the People’s petition for resentencing in light of former section 1170.03. On remand, the superior court recalled appellant’s sentence and resentenced him to 25 years to life. Appellant filed a new appeal in March 2022 from the resentencing. We vacated the stay in the 2020 appeal and

People v. Serrano CA2/4

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

GILBERT ISRAEL SERRANO,

INTRODUCTION

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