People v. Gladney CA3

I. BACKGROUND

In 2019, a jury found defendant guilty of two counts of robbery (Pen. Code, § 211)1 with deadly weapon use enhancements (§ 12022, subd. (b)(1)) and one count of first degree burglary (§ 459) while someone was in the residence (§ 667.5, subd. (c)(21)). The jury also found true that defendant had a prior serious felony. (§ 667, subd. (a).) The trial court sentenced defendant to state prison for an aggregate term of 17 years. This court affirmed the judgment on appeal. (People v. Gladney (Feb. 26, 2021, C091030) [nonpub. opn.].) In March 2023, defendant asked the trial court to resentence him and strike the deadly weapon and serious felony enhancements pursuant to Assembly Bill 200, section 1172.6, and “article 1172.” In May 2023, defendant petitioned for recall and resentencing under Senate Bill No. 81 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 721). In July 2023, the trial court issued a written order denying defendant’s March 2023 resentencing request. The court reasoned it did not have jurisdiction to consider post-convictions motions or hold post-conviction evidentiary hearings. The court further noted that Assembly Bill 200 did not give a court jurisdiction to…