People v. Riels CA4/2
E082952
Cal. Ct. App.Mar 11, 2025Background
- Lee Wendell Riels was convicted in 1995 of second degree robbery and assault with a deadly weapon, with sentence enhancements for prior prison terms and strikes.
- Riels was sentenced to 36 years to life, with one prior prison term enhancement stricken and another imposed but stayed.
- In 2023, Riels requested a full resentencing hearing pursuant to Penal Code § 1172.75, following legislative changes invalidating specific prior prison term enhancements.
- The trial court, after a hearing where Riels was represented by counsel, denied his request for a full resentencing hearing.
- Riels appealed, seeking reversal and remand for resentencing, arguing he was entitled to such relief under the law.
- The appellate court reviewed whether it and the trial court had jurisdiction to consider the request under section 1172.75.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court had jurisdiction under § 1172.75 to resentence Riels | No jurisdiction unless the process was initiated by the CDCR | Entitled to full resentencing under § 1172.75 | Court lacked jurisdiction, appeal dismissed |
| Whether a defendant can seek resentencing under § 1172.75 by own motion | Only CDCR can initiate process | Defendant should be able to seek resentencing | Only CDCR initiation triggers jurisdiction |
| Sufficiency of the record to support resentencing request | Record unclear as to initiation; no evidence CDCR triggered it | Asserted case just came up for resentencing | Record inadequate to establish jurisdiction |
| Validity of sentence enhancements under Senate Bill 483 | Enhancements imposed prior to 2020 are invalid, but process must follow statute | Challenged continued inclusion of enhancements | Resentencing requires proper statutory procedure, not shown here |
Key Cases Cited
- People v. Moore, 68 Cal.App.5th 856 (Cal. Ct. App. 2021) (the burden is on the appellant to provide a record affirmatively showing error)
- People v. Burgess, 86 Cal.App.5th 375 (Cal. Ct. App. 2022) (court lacks jurisdiction under § 1172.75 unless initiated by CDCR)
- People v. Newell, 93 Cal.App.5th 265 (Cal. Ct. App. 2023) (resentencing under § 1172.75 must be triggered by CDCR notification)
- People v. Cota, 97 Cal.App.5th 318 (Cal. Ct. App. 2023) (trial courts have jurisdiction under § 1172.75 only when proceedings are initiated by CDCR)