People v. Bernal CA2/4

BACKGROUND

In 2007, defendant was convicted of murder (§ 187, subd. (a)) and causing the death of the same victim, a child under eight years old, following an assault (§ 273ab, subd. (a)). Defendant was sentenced to an overall term of 25 years to life. On July 10, 2024, defendant filed a form request for recall of sentence and resentencing pursuant to Assembly Bill No. 600 and section 1172.1. The following month, the trial court issued an in-chambers, off-the-record order providing: “The Petition is denied. The Petitioner is not eligible under” section 1172.1. Defendant appealed. Her appointed counsel filed a brief requesting this court independently review the record for error (see Delgadillo, supra, 14 Cal.5th at pp. 231–232). In her supplemental brief, defendant discusses her post-conviction efforts at rehabilitation.

1 All subsequent references to statutes are to the Penal Code.

2

DISCUSSION

In criminal matters, defendants may generally appeal from their final judgment of conviction or any postjudgment order affecting their substantial rights. (§ 1237, subds. (a), (b)). “For decades, it has been established . . . that a defendant’s appeal from a petition denying their…