People v. Perez CA4/2

INTRODUCTION

Defendant and appellant Christopher Daniel Perez filed an appeal from a

postjudgment order finding him ineligible for resentencing under Penal Code1

section 1172.75. He argues the trial court erred in denying him a full resentencing

under section 1172.75. Defendant further contends a finding that section 1172.

does not apply where prison priors were stricken, rather than executed or stayed,

violates equal protection. He also claims the court erred in conducting the

resentencing hearing in his absence, without a valid waiver.

As we were finalizing the tentative opinion in this appeal, defendant filed a

“Notice of Abandonment of Appeal; Request for Dismissal,” informing this court

that he is abandoning his appeal and asking us to dismiss it. We grant this request

and dismiss the appeal.

PROCEDURAL BACKGROUND

A jury convicted defendant of infliction of corporal injury (§ 273.5, subd.

(f)(1), counts 1, 5, and 8), rape (§ 261, subd. (a)(2)), dissuading a witness (§ 136.1,

subd. (c)(1), count 3), false imprisonment (§ 236, count 4), kidnapping (§ 207,

subd. (a), count 6), and assault by means likely to produce great bodily injury

(GBI) (§ 245, subd.…