People v. Miller CA1/5

BACKGROUND

In 2012, appellant was convicted of first degree murder with personal discharge of a firearm causing death (§§ 187, subd. (a), 12022.53, subd. (d)), and burglary with personal use of a firearm (§§ 459, 12022.5, subd. (a)).2 Appellant was sentenced to an aggregate prison term of 50 years to life. This court affirmed the judgment on appeal. (People v. Miller (2014) 231 Cal.App.4th 1301.)

1 All undesignated statutory references are to the Penal Code.

2 The underlying facts are not relevant to this appeal.

1 In December 2023, appellant, acting in propria persona, filed a document entitled, “Request for Recall of Sentence and Resentencing Pursuant to Assembly Bill 600 and Penal Code section 1172.1.” (Capitalization altered.) In it, appellant argued new law granted the trial court authority to dismiss the firearm enhancement. In January 2024, the court issued an order denying the request: “Because this case is final on appeal, this Court has no jurisdiction to address petitioner’s invitation for the Court to grant the relief he seeks. Furthermore, the petitioner fails to demonstrate that any changes in law, since the time of his sentencing for the conviction offense,…