People v. Vaca CA5

INTRODUCTION

In September 2017, defendant Jose Cortez Vaca pleaded no contest to assault with a semiautomatic firearm (Pen. Code, § 245, subd. (d)(2)) and admitted he personally used a firearm during the commission of the offense (§ 12022.5, subd. (a)) in exchange for a seven-year middle term sentence for the assault charge and a low term of three years for the firearm enhancement (total aggregate term of 10 years). In March 2024, defendant filed a “Request for Recall of Sentence and Resentencing Pursuant to Assembly Bill 600 and Penal Code Section 1172.1,” which the court denied in a written order stating, “Court declines request by defendant.” On appeal, defendant contends the trial court abused its discretion in denying his request for relief. He concludes the matter must be remanded so the court may exercise its informed discretion. The People argue the order is not appealable and, irrespective, defendant has not established the court misunderstood its sentencing discretion. We dismiss the appeal.

FACTUAL AND PROCEDURAL BACKGROUND

In 2017, defendant pleaded no contest to assault with a semiautomatic firearm (Pen. Code, § 245, subd. (d)(2); count 2) and admitted he…