People v. Alford CA2/6

Filed 2/26/24 P. v. Alford CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B330261 (Super. Ct. No. 20F-02462-A) Plaintiff and Respondent, (San Luis Obispo County)

v.

MARIO S. ALFORD,

Defendant and Appellant.

Mario S. Alford appeals from the trial court’s postjudgment order denying his motion in propria persona for recall and resentencing. (Pen. Code, §§ 1172.1, 1385).1 We appointed counsel to represent appellant on appeal. After an examination

1 All further statutory references are to the Penal Code.

Appellant filed his petition pursuant to former section 1170.03. Effective June 30, 2022, section 1170.03 was renumbered as section 1172.1 without substantive changes. (Stats. 2022, ch. 58, § 9.) We cite to section 1172.1.

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 a supplemental brief. Because appellant has appealed from a nonappealable order, we dismiss the appeal. Procedural Background2 A jury convicted appellant of robbery (§ 211) and found true the allegation that he personally used a firearm (§ 12022.53, subd. (b)). The trial court found true the allegations that he had multiple serious prior convictions (§ 667, subd. (a)) and two “strike” convictions. (§§ 667, subds. (d), (e), 1170.12, subds. (b), (c).) It sentenced him to 25 years to life in state prison for robbery as a third striker; plus 10 years for the firearm enhancement; plus 10 years for two prior serious felony convictions. We affirmed appellant’s conviction in a nonpublished opinion. (People v. Alford, supra, B312837).) In December 2022, appellant filed a motion for resentencing asking the trial court to strike or dismiss his section 667, subdivision (a) priors and the section 12022.53, subdivision (b) enhancement pursuant to section 1385. After appointing counsel and reviewing the moving papers, the trial court denied the motion. Discussion Where, as here, appointed counsel finds no arguable issues in an appeal that is not from the first appeal after conviction, appellant is not entitled to our independent review of the record