People v. Major CA4/2

DISCUSSION

Defendant contends the trial court erred in denying him recall and resentencing

relief under section 1172.75. We disagree.

As a preliminary matter, we reject respondent’s request to dismiss the appeal for

lack of jurisdiction, citing People v. Burgess (2022) 86 Cal.App.5th 375 (Burgess). In

Burgess, the court held that a trial court lacks jurisdiction under section 1172.75 to

adjudicate a defendant’s own motion for resentencing, and appellate courts lack

jurisdiction over appeals from the denial of such a motion. (Id. at p. 382.) People v. Cota

(2023) 97 Cal.App.5th 318 (Cota) explained the basis for this rule, as follows:

“[S]ection 1172.75 does not authorize a defendant to seek resentencing on his or her own

motion or petition. Rather the process is triggered by the [California] Department of

Corrections and Rehabilitation [hereafter CDCR] identifying a defendant as a person

3 serving a sentence that includes a prior prison term enhancement. [Citation.]” (Id. at

p. 332; see § 1172.75(b).)

Here, we granted defendant’s request for judicial notice of materials indicating he

was among Riverside County inmates listed by the CDCR in June 2022 for…