People v. Martin CA2/4

Filed 6/21/23 P. v. Martin CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B325379

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA078144) v.

JOSE LUIS MARTIN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Juan C. Dominguez, Judge. Dismissed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Appellant Jose Luis Martin appeals the trial court’s denial of his postjudgment petition for resentencing pursuant to Penal Code1 section 1172.75, which invalidates sentence enhancements for prior prison terms. The trial court concluded Martin lacked standing to bring such a petition because remedial proceedings under section 1172.75 must be initiated by the California Department of Corrections and Rehabilitation. On appeal, Martin’s appointed counsel filed a brief raising no issues and invoking People v. Serrano (2012) 211 Cal.App.4th 496 (Serrano). Because the trial court correctly concluded it lacked jurisdiction to entertain Martin’s petition, we similarly lack jurisdiction over this appeal. The appeal is therefore dismissed.

FACTUAL AND PROCEDURAL BACKGROUND In 2007, Martin was convicted of several crimes, including robbery and various firearms-related charges. A prior robbery conviction was found to qualify as a prior serious felony conviction, prior “strike” offense, and prior prison term under section 667.5, subdivision (b). (§§ 667, 667.5, subd. (b).) An additional prior conviction for grand theft was found true as a prior prison term under section 667.5, subdivision (b). The trial court imposed an aggregate