People v. Alarcon CA2/4

BACKGROUND

In 2011, a jury convicted Alarcon of attempted murder (count 1; §§ 664, 187) and of shooting at an occupied vehicle (count 2; § 246). As to both counts, the jury found true Alarcon caused great bodily injury to the victim by personally and intentionally discharging a firearm. Prior to sentencing, the trial court found true allegations of a prior strike conviction (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)), a prior serious felony conviction (§ 667, subd. (a)), and a prior prison term (§ 667.5, subd. (b)). Alarcon was sentenced to a total term of 49 years to life. In January 2025, Alarcon filed a form request for recall of sentence and resentencing pursuant to Assembly Bill 600 and section 1172.1. The trial court issued an order stating that section 1172.1, subdivision (c) did not entitle a defendant to file a petition and that the court was “tak[ing] no further action.” Alarcon appealed. His appointed counsel filed a brief recognizing “similar orders” have been found nonappealable. Counsel raised no issues and requested we follow the procedures outlined in People v. Delgadillo (2022) 14 Cal.5th 216. Alarcon filed a supplemental brief asserting he was entitled to…