People v. Bueno CA4/1

INTRODUCTION

Fidel Junior Bueno III brought a petition for resentencing under a variety of statutes, Senate Bills, and Assembly Bills. After not receiving a response from the court, Bueno sent a copy of that petition to the San Diego District Attorney’s Office. The district attorney’s office forwarded the petition to San Diego Superior Court with a brief cover letter. The superior court issued an order denying the petition without prejudice, explaining why Bueno was not entitled to relief and indicating that the court would take “no further action.”

Bueno appeals the order, focusing entirely on Penal Code1 section 1172.1 and arguing the court improperly concluded it lacked jurisdiction to hear the petition under that statute. Because we conclude the trial court had no jurisdiction to recall Bueno’s sentence, the order denying his petition and taking no further action was not an appealable order. We therefore dismiss the appeal.

FACTUAL AND PROCEDURAL BACKGROUND

The underlying facts of Bueno’s crime are immaterial to the issue raised on appeal. Suffice it to say, in 2002, he attempted to kill three different individuals and fired a gun at an occupied dwelling. In 2003, Bueno…