People v. Gonsalves CA5

INTRODUCTION

In 2022, defendant Joshua Stephen Gonsalves was convicted of multiple offenses and sentenced to 14 years 8 months in prison. In 2024, he filed a request for recall and resentencing pursuant to Assembly Bill No. 600 (2023–2024 Reg. Sess.) (Assembly Bill No. 600) and Penal Code section 1172.1, alleging he was eligible for consideration of a new sentence, asserting section 1170.12 applied at the time of his sentencing and had changed. The court denied defendant’s request for relief in a written order. Defendant now appeals from the trial court’s order denying his request for relief pursuant to section 1172.1. For the reasons stated herein, we dismiss the appeal for lack of jurisdiction.

FACTUAL AND PROCEDURAL BACKGROUND

In 2022, a jury convicted defendant of two counts of possessing a firearm as a felon (Pen. Code, § 29800, subd. (a)(1); counts I & II), two counts of possessing ammunition as a felon (§ 30305, subd. (a)(1); counts III & IV), acquiring or using identifying information with the intent to defraud (§ 530.5, subd. (c)(3); count V), possessing materials used to make counterfeit currency (§ 480, subd. (a); count VI), and possessing counterfeit currency (§…