Unreported / Non-Citable
Disposition notice
The Court of Appeal affirmed the trial court's order denying Delonne Giles's petition for recall and resentencing under Penal Code section 1170(d)(1). Giles was convicted in 1997 of first degree murder and four counts of attempted murder, receiving 26 years to life plus four concurrent life terms. The trial court denied his resentencing petition because he did not receive a de facto sentence of life without the possibility of parole and had already had parole suitability hearings. On appeal, Giles's counsel filed a brief under People v. Delgadillo identifying no issues, and Giles filed a supplemental letter brief requesting accelerated discovery for a Franklin hearing, parole release consideration, and raising a cruel and unusual punishment claim. The court held the Franklin discovery request and cruel and unusual punishment claim were outside the scope of the appeal, and noted Giles had already been considered for parole with a hearing scheduled for November 2026. The order is affirmed.