People v. Steen CA4/2

INTRODUCTION

Defendant and appellant Karl Steen, Jr. appeals from the trial court’s decision not

to act on his petition for resentencing under Penal Code1 section 1172.1. We conclude

the trial court’s decision does not constitute an appealable order and therefore dismiss the

appeal.

PROCEDURAL BACKGROUND2

On July 8, 2019, a jury convicted defendant of attempted first degree murder

(§§ 664/187, subd. (a)) and found true the allegations that (1) he personally

discharged/used a firearm causing great bodily injury or death (§ 12022.53, subds. (b),

(c), (d)); (2) he personally inflicted great bodily injury (§ 12022.7, subd. (a)); and (3) he

committed the offense for the benefit of, at the direction of, and in association with a

criminal street gang (§ 186.22, subd. (b)(1)). In a bifurcated proceeding, the trial court

found that he had three prior strike convictions (§§ 1170.12, subds. (a)-(d) and 667,

subds. (b)-(i)), and three prior serious felony convictions (§ 667, subd. (a)(1)).

On October 11, 2019, the court held a sentencing hearing. At the outset, the court

stated that it had reviewed the probation officer’s report, as well as the People’s

sentencing brief, which…