People v. Scott CA4/1

Filed 11/9/23 P. v. Scott CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081932

Plaintiff and Respondent,

v. (Super. Ct. No. SCS314454)

RAMON ANWAR SCOTT,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Maryann D’Addezio, Judge. Affirmed. Ramon Anwar Scott, in pro. per.; and Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Ramon Anwar Scott appeals from an order denying his petition for recall of an 18-year prison sentence and for resentencing on his 2021 guilty plea to three counts of robbery with personal use of a firearm and a strike prior. His appointed appellate counsel filed an opening brief raising no arguable issues and requesting that we exercise our discretion to review the record for potential issues under People v. Delgadillo (2022) 14 Cal.5th 216

(Delgadillo), People v. Wende (1979) 25 Cal.3d 436 (Wende), and Anders v. California (1967) 386 U.S. 738 (Anders). Scott also filed a supplemental brief on his own behalf. We have independently reviewed the record and find no arguable issue that would result in a modification or reversal of the trial court’s order. Accordingly, we affirm the order denying Scott’s petition. FACTUAL AND PROCEDURAL BACKGROUND In August 2021, Scott was convicted by guilty plea of three counts of

robbery (Pen. Code,1 § 211). As to one of the robbery counts, he admitted that he personally used a firearm in the commission of the offense (§ 12022.53, subd. (b)). He also admitted that he had suffered one strike prior (§ 667, subds. (b)–(i)). As part of the plea bargain, the parties stipulated to a prison sentence of 18 years. The People dismissed the balance of the charges against Scott, which included five counts of aggravated kidnapping each carrying a potential life sentence (§ 209, subd. (b)(1)). Consistent with the plea agreement, the court sentenced Scott to the stipulated 18-year term, including a 10-year sentence for the section 12022.53 firearm enhancement. In February 2023, Scott filed a pro per motion for recall and resentencing under former section 1170.03 (now section 1172.1), section 1170.18, and section 1385 as amended by Senate Bill No. 81 (2021–2022 Reg. Sess.) (Senate Bill No. 81). He also asked the court to dismiss the firearm enhancement and the strike prior. The trial court denied Scott’s petition by written order. The court found that: (1) Scott’s request to recall the sentence under section 1172.1 was beyond the 120-day jurisdictional time limit for the court to consider