Is a defendant entitled to appeal against his sentence for possessing and using a box cutter?

Defendant argues, however, that he disputed J.M.'s testimony at trial, including her testimony about his possession and use of the box cutter. He maintains that "[t]he jury resolved this credibility contest against the victim, convicting [defendant] only of the crime which he admitted, and acquitting him of everything else." That is inconsistent with the record. The jury did not acquit defendant on the additional charges of forcible oral copulation and terrorist threats; rather, the jury did not reach a verdict on those charges. The absence of a jury determination is not dispositive. As noted above, defendant is not entitled to have a jury decide, beyond a reasonable doubt, his eligibility for a reduced sentence. A trial court called to rule on a petition for recall of sentence is empowered to make that determination, and the court "need only find the existence of a disqualifying factor by a preponderance of the evidence." (People v. Osuna, supra, 225 Cal.4th at p. 1040.)