People v. Wright CA4/1

Filed 11/30/23 P. v. Wright CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D081979

Plaintiff and Respondent,

v. (Super. Ct. Nos. SCD120310/HC25932) DELANO LARTEL WRIGHT,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Robert F. O’Neill, Judge. Dismissed. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Daniel Rogers, Sharon L. Rhodes, and Alana Cohen Butler, Deputy Attorneys General, for Plaintiff and Respondent.

Delano Lartel Wright appeals from an order granting his petition for writ of habeas corpus and directing a correction of the abstract of judgment

for his 1997 criminal convictions for murder and other crimes, but denying his request for a full resentencing. Wright previously challenged this same order on the same grounds in a new petition for writ of habeas corpus filed in this court, which we denied in a five-page order on May 18, 2023. (In re Delano L. Wright, D081935.) We now conclude that the trial court’s order is not appealable and therefore dismiss the appeal. FACTUAL AND PROCEDURAL BACKGROUND On January 30, 1997, a jury found Wright guilty of first degree murder

(Pen. Code,1 § 187, subd. (a) [count 1]), conspiracy to commit murder (§ 182, subd. (a)(1) [count 2]), attempted first degree murder (§§ 664 & 187, subd. (a) [count 3]), and assault with a firearm (§ 245, subd. (b) [count 4]). The jury also found true enhancement allegations that Wright personally used a firearm in the commission of counts 1, 3, and 4 (§ 12022.5, subd. (a)) and intentionally inflicted great bodily injury or death in the commission of count 1 (§ 12022.55). The underlying facts are not relevant to this appeal. On March 3, 1997, the court sentenced Wright to 25 years to life plus 29 years, consecutive to another term of life with the possibility of parole. The original sentence included a consecutive upper term of nine years for the assault in count 4, plus an additional consecutive term of five years for the section 12022.5 firearm use enhancement accompanying count 4. On direct appeal, this court modified the judgment by (1) staying the total term imposed for the assault in count 4 under section 654, including the accompanying section 12022.5 firearm use enhancement, and (2) staying the section 12022.5 firearm use enhancement for count 1 under former section 1170.1, subdivision (e). We ordered the abstract of judgment amended to