People v. Johnson CA1/1

DISCUSSION

Johnson’s notice of appeal, filed in propria persona, challenges the “order of denial for S.B. 81 [and] 1393,” a reference to the motion filed in June 2024 and one of the two motions filed on July 18, 2024. The motion based on sections 1172.1 and 1170.1 is not addressed by the notice of appeal.4 Handwriting on the notice of appeal also asserts that Johnson “has no ‘appeal pending’ ” in A166220 and that “this court has jurisdiction to consider [his] motions. Please ‘reconsider the [denials].’ ”

3 On our own motion, we take judicial notice of the remittitur in

A166220.

4 A defendant has no right to file his own petition for resentencing relief

under section 1172.1. (§ 1172.1, subd. (c).) To be eligible, a person must await an action initiated by the court or other designated governmental entity. (§ 1172.1, subd. (a)(1).) If a person files his own resentencing request, the trial court’s failure to act on the request does not implicate the person’s substantial rights and is not appealable. (People v. Brinson (2025) 112 Cal.App.5th 1040, 1046.)

3 After his counsel identified no issues for appeal, Johnson filed his own supplemental brief. In it, he asks this court to…