People v. Newell

Filed 7/6/23 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B320195 (Super. Ct. No. BA379987) Plaintiff and Respondent, (Los Angeles County)

v.

MICHAEL NEWELL,

Defendant and Appellant.

There is no appeal absent authority to appeal. Michael Newell purports to appeal the denial of his petition for resentencing based on Senate Bill No. 483 (2021-2022 Reg. Sess.) (Sen. Bill No. 483). In 2012, Newell was sentenced to state prison for 49 years to life. He claims his current sentence is invalid due to recent legislative changes involving sentencing enhancements. Sen. Bill No. 483 establishes a uniform procedure to allow state prisoners with currently invalid sentences to be resentenced. Newell’s petition is not authorized. We dismiss.

FACTS In 2012, a jury found Newell guilty of second degree robbery (Pen. Code, § 211) 1 and assault by means likely to produce great bodily injury (§ 245, subd. (a)(1)). As to each offense, the jury found Newell personally inflicted great bodily injury. (§ 12022.7, subd. (a).) Newell fell within the purview of the three strikes law. The trial court found that Newell had five prior serious felony convictions and that he had served one prior prison term. (§ 667.5, subd. (b).) The trial court sentenced Newell to an aggregate state prison term of 49 years to life. His sentence included several enhancements–a one-year consecutive term for a prison “prior” (§ 667.5, subd. (b)), and a 20-year consecutive sentence for four prior serious felony convictions, five years for each, pursuant to section 667. Years after Newell’s judgment became final, the Legislature changed the law regarding sentencing enhancements. It gave trial courts discretion to strike the five-year enhancements for prior serious felony convictions and it invalidated the one-year section 667.5, subdivision (b) enhancement except for sexually violent offenses. (§ 1172.75, subd. (a), added by Stats. 2021, ch. 728, § 3.) The Legislature passed Sen. Bill No. 483 to allow prisoners whose judgments of conviction were final a procedure to obtain retroactive resentencing because of these recent changes to the sentencing law. (§ 1172.75, subd. (a).) Newell filed an in propria persona petition for resentencing with the sentencing court citing Sen. Bill No. 483.