Fuimaono
People v. Fuimaono
Opinion
Lead Opinion
Hoch, J.
*133 Appointed counsel for defendant Andrew Taylor Fuimaono asked this court to review the record and determine whether there are any arguable issues on appeal. ( People v. Wende (1979) 25 Cal.3d 436 , 158 Cal.Rptr. 839 , 600 P.2d 1071 .) Having concluded defendant has appealed *134 from a nonappealable order, we will dismiss the appeal. ( People v. Mendez (2012) 209 Cal.App.4th 32 , 34, 146 Cal.Rptr.3d 666 ; People v. Turrin (2009) 176 Cal.App.4th 1200 , 1208, 98 Cal.Rptr.3d 471 .)
BACKGROUND
On February 19, 2015, defendant was convicted of assault with a firearm ( Pen. Code, § 245, subd. (a)(2) ) 1 with a true finding that he personally used a firearm during the commission of his crime (§ 12022.5, subd. (a) ). On March 19, 2015, the trial court sentenced defendant to serve an aggregate term of 13 years in state prison.
On May 17, 2018, defendant filed a motion to be resentenced pursuant to Senate Bill No. 620 (2017-2018 Reg. Sess.) (Senate Bill No. 620) that amended sections 12022.5, subdivision (c), and 12022.53, subdivision (h), effective January 1, 2018 (Stats. 2017, ch. 682, §§ 1 & 2, respectively). Pursuant to Senate Bill No. 620, defendant sought to have the firearm…