Roy

BACKGROUND

In 2006, a jury found defendant guilty of robbery (§ 211) and assault with a firearm (§ 245, subd. (a)(2)). The jury found true that defendant personally used a firearm when committing the robbery (§ 12022.53, subd. (b)) and that defendant had suffered three prior convictions. The trial court sentenced defendant to 25 years to life for the robbery due to defendant’s prior strikes, 10 years for the firearm enhancement, and five years for having a prior serious felony conviction (§ 667, subd. (a)). The court stayed the sentence for the assault conviction. In 2024, defendant petitioned for resentencing under the recently amended section 1172.1. The trial court issued a written order dismissing the request. The court explained: “The request is DISMISSED pursuant to Penal Code section 1172.1, subdivision (c), as a defendant is not entitled to file a petition seeking relief from the court under that section. [¶] Relief under Penal Code section 1172.1, subdivision (a) is only available upon the timely sua sponte motion of the court with jurisdiction in the case, or upon the recommendation of the Secretary of the Department of Corrections and Rehabilitation or the Board of…