People v. Pradia CA3

Filed 9/6/23 P. v. Pradia CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C096827

Plaintiff and Respondent, (Super. Ct. No. STK-CR-FE- 2013-0005395) v.

CARL PRADIA,

Defendant and Appellant.

In 2013, defendant Carl Pradia pleaded guilty to one count of armed robbery, one count of dissuading a witness by force, and admitted the truth of a firearm enhancement. The trial court sentenced him to 14 years in prison. Defendant argues the trial court erred in denying the recommendation of the Secretary of the Department of Corrections and Rehabilitation to recall his sentence and resentence him. (Pen. Code, § 1170, subd. (b); undesignated statutory references are to the Penal Code.) Defendant, however, failed to file a timely notice appeal from the trial court’s April 2021 ruling, and waited until the trial court granted defendant’s motion for reconsideration and denied the motion again in August 2022. The trial court’s order denying the recommendation was final in 2021, and

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the trial court lacked jurisdiction to entertain it again in 2022. As a result, we dismiss the appeal.

FACTS AND HISTORY OF THE PROCEEDINGS The facts of these cases are taken from the description submitted by the Secretary of the Department of Corrections and Rehabilitation (Secretary). On the morning of February 11, 2023, defendant and two accomplices robbed four victims at gunpoint in a hotel room of the I-5 Inn. Defendant was waving the gun around and yelling for everyone to get down on the floor. During the robbery, one of his accomplices punched one of the victims. Defendant demanded the victims give him all of their money, jewelry, and cell phones. That evening, defendant and one accomplice returned to the I-5 Inn with a gun and threatened a tenant. When officers arrived, defendant and his accomplice went into a room, and an officer saw defendant throw a handgun out of a back window. The information charged defendant with four counts of robbery (§ 211); four counts of dissuading a witness (§ 136.1, subd. (c)(1)); criminal threats (§ 422); personally using a firearm during the robberies and while dissuading the witnesses (§§ 12022.53, subd. (b), 12022.5); and being a felon in possession of a gun and ammunition (§§ 29800, subd. (a), 30305, subd. (a)(1)). Defendant pleaded guilty to one count of armed robbery, one count of dissuading a witness by force, and admitted one firearm enhancement. The trial court dismissed the remaining counts and enhancements with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754. On November 18, 2013, the trial court sentenced defendant to an aggregate term of 14 years in prison: The middle term of four years on the initial robbery count (§ 211), plus 10 years for personally using a firearm (§ 12022.53, subd. (b)). The trial court also sentenced defendant to a concurrent four-year term on the dissuading a witness count (§ 136.1, subd. (b)(1).)