The People v. Wise

DocketDescription: Case complete.

DocketDescription: Remittitur issued.

DispositionDescription: Other involuntary dismissal; Disposition Type: Final The records of this court show that in 2006, appellant was convicted of first-degree murder with special circumstances. The trial court sentenced him to 105 years-to-life in prison. In January 2020, appellant filed a petition under Penal Code section 1170.95, that asked the court to resentence him. The trial court denied that petition in a lengthy order filed on March 4, 2020. On October 6, 2020, appellant filed a second petition under section 1170.95 and again asked the trial court to resentence him. The court denied that petition in an order filed on October 15, 2020. Then on November 9, 2020, appellant filed a third petition under section 1170.95, asking to be resentenced. The trial court denied that petition on November 13, 2020. This appeal followed. While an order denying a petition under section 1170.95 generally is appealable as an order after final judgment (see, e.g., People v. Larios (2019) 42 Cal.App.5th 956, 961), the November 13, 2020, order at issue here simply rejected appellant's attempt to raise the same issue the trial court had twice previously rejected. An order made after judgment is not appealable where the underlying motion merely asks the trial court to repeat or overrule a prior ruling on the same facts. (People v. Palmer (1942) 49 Cal.App.2d 579, 580.) The appeal is dismissed.

DocketDescription: Dismissal order filed.; Notes: The records of this court show that in 2006, appellant was convicted of first-degree murder with special circumstances. The trial court sentenced him to 105 years-to-life in prison. In January 2020, appellant filed a petition under Penal Code section 1170.95, that asked the court to resentence him. The trial court denied that petition in a lengthy order filed on March 4, 2020. On October 6, 2020, appellant filed a second petition under section 1170.95 and again asked the trial court to resentence him. The court denied that petition in an order filed on October 15, 2020. Then on November 9, 2020, appellant filed a third petition under section 1170.95, asking to be resentenced. The trial court denied that petition on November 13, 2020. This appeal followed. While an order denying a petition under section 1170.95 generally is appealable as an order after final judgment (see, e.g., People v. Larios (2019) 42 Cal.App.5th 956, 961), the November 13, 2020, order at issue here simply rejected appellant?s attempt to raise the same issue the trial court had twice previously rejected. An order made after judgment is not appealable where the underlying motion merely asks the trial court to repeat or overrule a prior ruling on the same facts. (People v. Palmer (1942) 49 Cal.App.2d 579, 580.) The appeal is dismissed.

DocketDescription: Filed letter from:; Notes: FDAP regarding unappealable order.

DocketDescription: Letter sent to counsel re:; Notes: Record filed today. AOB due in 40 days.

DocketDescription: Probation report filed.; Notes: pages 4-46

DocketDescription: Record on appeal filed.; Notes: CT-1, no reporter's transcript.

DocketDescription: Notice of appeal lodged/received (criminal).

DocketTrial Court Name: Alameda County Superior Court - Main; County: Alameda; Trial Court Case Number: 148769C; Trial Court Judge: Jacobson, Morris