People v. Briley CA5

STATEMENT OF THE CASE

On February 15, 2017, the Tulare County District Attorney’s office filed the case complaint. On March 20, 2017, criminal proceedings were suspended for an evaluation to determine Briley’s competency to stand trial. On April 27, 2017, Briley was found not competent to stand trial. On August 21, 2017, Briley was transferred to Atascadero State Hospital for competency restoration. His competency was restored and on September 21, 2017, he was transported back to the custody of the Tulare County Sheriff’s Department. On September 29, 2017, criminal proceedings were reinstated, and Briley entered a plea of no contest to robbery with a firearm under Penal Code sections 211 and 12022.53, subdivision (b). On October 30, 2017, the trial court sentenced Briley to prison for 12 years. As relevant here, on March 8, 2021, Briley filed a motion to recall his sentence under Penal Code section 1170, subdivision (d). On March 9, 2021, the trial court denied the motion for lack of jurisdiction. On March 26, 2021, Briley filed a notice of appeal.

STATEMENT OF FACTS1

The record on appeal does not specifically include a factual basis for Briley’s plea since both parties…