Filed 9/3/26 P. v. Joseph CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on
opinions not certified for publication or ordered published, except as specified by rule
8.1115(b). This opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
THE PEOPLE, B349313
Plaintiff and Respondent, (Los Angeles County
Super. Ct. No.
v. YA093603)
JORDAN JOSEPH,
Defendant and Appellant.
APPEAL from an order of the Superior Court of Los
Angeles County, John J. Lonergan, Jr., Judge. Affirmed.
A. William Bartz, Jr., under appointment by the Court of
Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
A jury convicted defendant and appellant Jordan Joseph
(defendant) of second degree murder in 2016. Defendant
committed the murder in 2015, when he was 17 years old.
On direct appeal in 2018, this Court conditionally reversed
the judgment and remanded with directions to reassess whether
defendant was fit for juvenile proceedings and, if not, to decide
whether to exercise newly conferred discretion to strike a 25-to-
life firearm enhancement that was a component of defendant’s 40
years to life prison sentence. (People v. Joseph (May 30, 2018,
B278013) [nonpub. opn.].)
On remand, the trial court determined defendant was not
fit for adjudication in juvenile court and, after a hearing, declined
to strike the firearm enhancement. (People v. Joseph (Jan. 31,
2022, B309455) [nonpub. opn.].) Defendant appealed, arguing
that the trial court abused its discretion in declining to strike the
firearm enhancement and that his sentence constituted cruel and
unusual punishment. (Ibid.) This Court held the trial court
acted within its discretion in declining to strike or dismiss the
firearm enhancement. (Ibid.) This Court further held defendant
forfeited the constitutional challenge to his sentence and, in any
case, there was no constitutional violation. (Ibid.)
In 2024, defendant, representing himself, filed a Penal
Code section 1170, subdivision (d)(1) petition relying on People v.
Heard (2022) 83 Cal.App.5th 608, which holds juvenile offenders
who are serving de facto life without parole sentences (not just
actual life without parole sentences) may obtain section 1170,
subdivision (d)(1) relief provided they meet the other statutory
criteria—including incarceration for at least 15 years (Pen. Code,
§ 1170, subd. (d)(1)(A)). The prosecution filed an opposition
arguing defendant was statutorily ineligible for relief because he
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has not been incarcerated for at least 15 years and because his 40
years to life sentence is not the functional equivalent of life
without the possibility of parole anyway. The trial court denied
defendant’s petition.
Defendant noticed an appeal, and this court appointed
counsel to represent him. After examining the record,
defendant’s attorney filed an opening brief pursuant to People v.
Delgadillo (2022) 14 Cal.5th 216 that raises no issues but asks us
to independently review the record. This Court thereafter invited
defendant to submit a supplemental brief and he has done so.
We confine our opinion, and our review of the record, to that
brief. (Id. at 232.)
Defendant’s supplemental brief does not dispute he was
ineligible for “resentencing under Penal Code section 1170(d)(1)
and (d)(2), including arguments related to Heard . . . .” Instead,
the brief explains he wishes to raise “other issues,” specifically,
the correctness of the earlier court finding that he was not fit for
juvenile proceedings. These issues, however, are unrelated to the
appealed order denying defendant’s petition for recall and
resentencing, and they are not properly before us. (See, e.g.,
Faunce v. Cate (2013) 222 Cal.App.4th 166, 170 [“‘Our
jurisdiction on appeal is limited in scope to the notice of appeal
and the judgment or order appealed from’”].)
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DISPOSITION
The trial court’s order is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
BAKER, J.
We concur:
HOFFSTADT, P. J.
KIM (D.), J.
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