People v. Kramer CA2/6

Filed 3/12/24 P. v. Kramer 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B327142 (Super. Ct. No. BA435471) Plaintiff and Respondent, (Los Angeles County)

v.

ANDREW H. KRAMER,

Defendant and Appellant.

Andrew H. Kramer appeals two post-conviction orders denying his motions to correct or expunge information contained in a 2018 probation report. We appointed counsel to represent appellant. After an examination of the record, counsel filed an opening brief raising no issues and requested we follow the procedures set forth in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Appellant filed a supplemental brief, in propria persona, raising no issues of merit. We dismiss the appeal because he appeals from non-appealable orders.

FACTUAL AND PROCEDURAL BACKGROUND Appellant was arrested in 2013 for a series of violent crimes against a former business associate. Federal prosecutors charged him with conspiracy to distribute marijuana in an unrelated case in 2015. He was confined in county jail while the state and federal cases were pending. Appellant pleaded guilty to the federal drug charges in January of 2016 and received a 16-year sentence. He pleaded guilty to certain state charges, including arson, stalking, and assault, in July of 2018.1 Prosecutors dismissed charges of attempted murder and conspiracy in exchange for his plea. Appellant received a negotiated sentence of 33 years and four months in state prison to be served concurrently with his federal sentence. The trial court awarded him 1,984 days of credit for time served: 974 days of actual custody credit credits and the same number of conduct credits. It denied custody credits for the time appellant spent in county jail between his sentencing in the federal and state cases, about two and a half years, citing In re Rojas (1979) 23 Cal.3d 152 (Rojas). We affirmed the denial order on appeal. (People v. Kramer (Jul. 27, 2021, B304830) [nonpub. opn.], review denied Oct. 13, 2021, S270688 (Kramer I.).) This appeal concerns the trial court’s denial of two subsequent post-conviction motions filed by appellant: (1) a “motion to correct probation report” dated September 21, 2022 and denied on September 22, 2022 (September 21 motion); and