People v. Richards CA2/4

INTRODUCTION

The California Department of Corrections and Rehabilitation (CDCR) notified the trial court that defendant Lee Robert Richards was potentially eligible for relief under Penal Code section 1172.75.1 On March 8, 2023, the trial court determined Richards was ineligible for relief as a matter of law. No appeal was taken from that order. On December 28, 2023, the trial court denied Richard’s motion for resentencing under section 1172.75. Richards filed a notice of appeal from that order. On appeal, Richards argues the December 28, 2023 order can be construed as an appealable order, or alternatively, requests constructive filing of a notice of appeal from the March 8, 2023 order. Because the December 28, 2023 order denying his motion is not appealable and Richards did not diligently seek constructive filing of a notice of appeal from the March 8, 2023 order, we dismiss the appeal.

RELEVANT BACKGROUND

In March 2003, a jury found Richards guilty of failing to file a change of address as a registered sex offender (§ 290, subd. (f)(1).) The court found true the allegations that Richards suffered four prior strike convictions (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(d)),…