People v. Huynh CA2/4

BACKGROUND

In 2010, a jury convicted Huynh of first degree murder (§ 187, subd. (a)) and found true the allegation that he personally used a deadly weapon (knife) during the commission of the crime (§ 12022, subd. (b)(1)). The trial court sentenced Huynh to 26 years to life in state prison. On January 21, 2025, Huynh filed a request for resentencing under section 1172.1, citing Assembly Bill No. 600 and Senate Bill No. 261. On February 20, 2025, the trial court summarily denied the request. Huynh timely appealed. His appointed appellate counsel filed a brief raising no issues and requesting that we exercise our discretion to independently review the record for error pursuant to Delgadillo, supra, 14 Cal.5th at pages 231–232. Huynh filed a supplemental brief.

DISCUSSION

Section 1237 generally governs a defendant’s right to appeal in criminal cases. Under that section, a defendant may appeal from (1) a final judgment of conviction (§ 1237, subd. (a)), and (2) “[f]rom any order made after judgment, affecting the substantial rights of the party” (§ 1237, subd. (b)). Under section 1172.1, the “[trial] court may, on its own motion, within 120 days of the date of commitment or at any…