People v. Thompson CA4/2

INTRODUCTION

Defendant and appellant Kevion Michael Thompson appeals from a postjudgment

order denying his petition for resentencing under Penal Code1 sections 1170, subdivision

(d) and 1172.1. His appellate counsel filed a brief under People v. Delgadillo (2022)

Cal.5th 216 (Delgadillo), and defendant filed a supplemental brief. We dismiss the

appeal.

PROCEDURAL BACKGROUND

On October 10, 2014, defendant was charged by information with assault with a

firearm (§ 245, subd. (a)(2), count 1), criminal threats (§ 422, count 2), and disobeying a

court order (§ 166, subd. (a)(4), count 3). It was alleged as to counts 1 and 2 that

defendant personally used a firearm. (§§ 1203.06, subd. (a)(1)) & 12022.5, subd. (a).)

On December 10, 2014, the jury found defendant guilty as charged and found true

the personal firearm use enhancement as to counts 1 and 2.

On April 14, 2015, the court sentenced defendant to a total term of 14 years in

state prison, with credit for time served.

On April 10, 2024, defendant filed a pro per petition for sentence review and

asked the court to consider sections 1170, subdivision (d)(1) and 1172.1, Assembly Bill

Nos. 600, 1540, 3881, and Senate…