People v. Sewell CA3

I. BACKGROUND

In November 2022, defendant possessed a 9-millimeter high capacity magazine and multiple rounds of ammunition. He was prohibited from possessing the items because he was convicted in 2021 of felony making criminal threats (§ 422). In March 2023, defendant pled no contest to unlawfully possessing ammunition. (§ 30305, subd. (a)(1).) He also admitted a prior strike. (§§ 667, subds. (b)-(j), 1170.12.) The parties stipulated to a 32-month prison sentence (the low term of 16 months doubled due to the strike), and the trial court sentenced him accordingly. The court also imposed a $300 restitution fine (§ 1202.4, subd. (b)) and a corresponding $300 parole revocation fine (suspended unless parole is revoked) (§ 1202.45). There is nothing in the record indicating defendant appealed from the March 2023 judgment. In June 2023, defendant filed a pro per petition for resentencing, citing sections 1170, 1171, 1172, and requesting relief under Assembly Bill Nos. 124, 256, 333, 1540 (2021-2022 Reg. Sess.), and Senate Bill Nos. 73, 81, 483, 567, 775 (2021-2022 Reg. Sess.). In October 2023, the trial court denied defendant’s petition because section 1172.1 does not confer standing…