People v. Barner CA2/8

BACKGROUND

On June 27, 2016, a jury convicted appellant Ashley Craig Barner of assault with a firearm in violation of section 245, subdivision (a)(2). It also found Barner personally used a sawed- off shotgun during the commission of the crime in violation of sections 12022.5, subdivision (a). On August 23, 2016, Barner admitted two prior strike convictions pursuant to sections 667, subdivision (d) and 1170.12, subdivision (b). The trial court sentenced Barner to 39 years to life in state prison under the Three Strikes Law as follows: 25 years to life for the assault, plus 10 years pursuant to section 667, subdivision (a)(1) for two prior serious felony convictions, plus the middle term of four years pursuant to section 12022.5 for use of the firearm. We affirmed the judgment. (People v. Barner (Aug. 25, 2017, B277839) [nonpub. opn.].) On April 8, 2024, Barner filed a Request for Recall of Sentence and Resentencing pursuant to Assembly Bill No. 600 and section 1172.1 and a request for appointment of counsel. On April 16, 2024, the trial court summarily denied appellant’s petition for resentencing without appointing counsel. The court declined to exercise its discretion to reduce…