People v. Yeron CA2/6

Filed 12/26/23 P. v. Yeron CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B329758 (Super. Ct. No. 2011039774) Plaintiff and Respondent, (Ventura County)

v.

JEREMY CLAUDIO YERON,

Defendant and Appellant.

Jeremy Claudio Yeron appeals the order of the trial court denying his petition for recall and resentencing. (Pen. Code, §§ 1170, 1171, 1172; Assem. Bill No. 1540 (2021-2022 Reg. Sess.) (AB 1540).)1 We appointed counsel to represent appellant on appeal. After an examination of the record, counsel filed an opening brief raising no issues and requesting that we follow the procedures set forth in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Appellant filed his own supplemental brief, in

1 All further statutory references are to the Penal Code.

propria persona. Because the trial court had no jurisdiction to modify appellant’s sentence, the order denying his petition was not an appealable order. We dismiss the appeal. Procedural Background In 2014, pursuant to a plea agreement, appellant pleaded guilty to two counts of a violation of section 288, subdivision (a), lewd and lascivious acts on a minor under the age of 14 years (counts 1 and 4). Appellant admitted the special allegations, including substantial sexual conduct (§ 1203.066, subd. (a)(8), counts 1 and 4), and lewd and lascivious acts against more than one victim (§ 667.61, subds. (b), (e)(4), count 1). The trial court sentenced appellant to an indeterminate sentence of 15 years to life on count 1, with a consecutive determinate sentence of the low term of three years on count 4. Discussion Because the instant appeal is from an order denying postconviction relief rather than a first appeal as of right from a criminal conviction, appellant is not entitled to our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, or its federal constitutional counterpart, Anders v. California (1967) 386 U.S. 738. (Delgadillo, supra, 14 Cal.5th at pp. 221- 222, 230; see People v. Kelly (2006) 40 Cal.4th 106, 119 [independent judicial review mandated by Anders applies only to first appeal as of right]; People v. Serrano (2012) 211 Cal.App.4th 496, 503.) However, he is entitled to appellate consideration of any contentions raised in his supplemental brief. (See Delgadillo, at p. 232; Serrano, at p. 503.) Citing AB 1540 and section 1172.75, appellant contends in his supplemental brief that the superior court violated his due process rights when it failed to conduct a hearing, appoint