People v. Lee CA1/4
A169284
Cal. Ct. App.Apr 14, 2025Background
- Edwin Lee was convicted in 2015 after pleading no contest to burglary and first-degree robbery, receiving a sentence of 20 years and 4 months.
- In 2022, Lee sought resentencing based on a mistaken belief that the California Department of Corrections and Rehabilitation (CDCR) had recommended his case for resentencing.
- The District Attorney initially informed Lee that a CDCR recommendation had been made, but later admitted this was an error and no such recommendation existed.
- Lee filed a petition for resentencing under Penal Code § 1172.1, which, at the time, allowed resentencing only upon specific recommendations or the court's own motion within 120 days.
- The trial court found it lacked jurisdiction without a valid recommendation and dismissed Lee’s petition; Lee appealed.
Issues
| Issue | Lee's Argument | People's Argument | Held |
|---|---|---|---|
| Whether the trial court’s denial of resentencing | District Attorney’s erroneous letter was a constructive rec. | No rec. from required entities; no jurisdiction to resentence | No jurisdiction; error does not create right to resentencing |
| is appealable under § 1237 | Amendments to § 1172.1 should apply retroactively to his appeal | Amendments are irrelevant; no jurisdiction at time of order | Appealability is based on law at time of order; appeal denied |
| Effect of District Attorney's mistaken statement | District Attorney should be estopped from denying rec. | No actual rec.; error does not confer jurisdiction | Error does not provide statutory jurisdiction |
| Application of 2024 amendments to pending appeals | Retroactive application to allow resentencing by trial court motion | No retroactivity for appealability of previously unapp. orders | Amendments do not make this order appealable retroactively |
Key Cases Cited
- People v. Karaman, 4 Cal.4th 335 (Cal. 1992) (trial courts generally lose jurisdiction to resentence once execution of sentence commences)
- People v. Loper, 60 Cal.4th 1155 (Cal. 2015) (order denying recall and resentencing is appealable only if it affects substantial rights)
- People v. Chlad, 6 Cal.App.4th 1719 (Cal. Ct. App. 1992) (no appealability where court lacks jurisdiction to modify sentence)
- People v. Gainer, 133 Cal.App.3d 636 (Cal. Ct. App. 1982) (defendant motion for resentencing not appealable if court has no jurisdiction)