P. v. Brown CA5
In 2012, appellant Akil Anthony Brown was serving a prison term when he was charged with possessing marijuana (Pen. Code, § 4573.6, subd. (a)). In February 2013, following a negotiated plea agreement, he received an additional and consecutive prison term of three years for this violation.
More than three years later, when his original prison term was almost completed, appellant petitioned the trial court to recall this three-year sentence. He filed his petition under section 1170, subdivision (d)(1), (the section 1170 petition) and highlighted various accomplishments he had achieved while in custody. The trial court denied the section 1170 petition.
Appellant asserts that the trial court abused its discretion. We need not address that issue because we agree with respondent that the section 1170 petition was not timely filed. As such, the trial court lacked jurisdiction to resentence appellant. We will dismiss this appeal based on the absence of an appealable order.
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