People v. Fields CA3

BACKGROUND

The substantive facts do not bear on our decision here. In 2017, defendant pleaded no contest in case No. 16F7936 to residential burglary and grand theft. He admitted a prior strike conviction and a prior prison term. Defendant also pleaded no contest in case No. 17F239 to second degree burglary and admitted a prior strike conviction. On August 18, 2017, the trial court sentenced defendant to an aggregate term of 11 years eight months. The sentence included a one-year prior prison term enhancement pursuant to Penal Code former section 667.5, subdivision (b).1 Defendant’s judgment became final on October 17, 2017. On April 21, 2021, defendant filed a one-page petition for modification of his sentence citing section 1170, subdivision (d)(1). The trial court denied the petition. On September 29, 2021, defendant petitioned for resentencing pursuant to Senate Bill 483. The trial court denied the petition as duplicative of the April 2021 petition. Defendant appeals from that order.

DISCUSSION

As a threshold issue, we must determine whether we have jurisdiction to hear this appeal. We do not. (People v. King (2022) 77 Cal.App.5th 629, 634 (King).) The right to appeal is…