Error and/or relief
[Gary note: this is an unusual case because the defendant was allowed to appeal from a denial of his request to be resentenced under section 1172.1, a statute that specifically states “A defendant is not entitled to file a petition seeking relief from the court under this section. If a defendant requests consideration for relief under this section, the court is not required to respond.” But there was an unusual scenario in the trial court that turned it into an appealable order.]The appellate court affirmed the denial of the request for resentencing. The defendant appealed from the trial court’s denial of his petition for resentencing pursuant to Penal Code section 1172.1. For the reasons discussed in the opinion, the appellate court found that the trial court’s order was appealable in this instance. However, it concluded that the trial court did not abuse its discretion in declining to recall and resentence the defendant and affirm the order denying the defendants petition.
First Holding:
The steps taken by the court in this instance, mirroring those it would take had the petition been submitted by an entity with the right to submit a petition for recall (appointment of counsel, holding of a contested hearing, and the merits-based comments denying the request), affected the defendant’s substantial rights, and in this instance, the order is appealable.
Authority:
People v. Carmony (2004) 33 Cal.4th 367, 375 [noting that even if a defendant does not have the right to petition for relief, he does have the right to invite the court to exercise its power to do so and may raise a trial court’s failure to do so on appeal]
Second Holding:
The right to appeal is statutory only, and a party may not appeal a trial court’s judgment, order or ruling unless such is expressly made appealable by statute.
Authority:
People v. Loper (2015) 60 Cal.4th 1155, 1159
Third Holding:
Ordinarily, the defendant has no right to appeal from either inaction by the court on or its denial of a defendant’s invitation to recall the sentence under section 1172.1.
Authority:
People v. Hodge (2024) 107 Cal.App.5th 985
People v. Faustinos (2025) 109 Cal.App.5th 687
People v. Raoy (2025) 110 Cal.App.5th 991
People v. Brinson (2025) 112 Cal.App.5th 1040
Fourth Holding:
While a defendant may invite the court to recall the sentence under PC 1170.1, the defendant has no right to petition for recall under section 1170.1, and the court is not required to respond to such an invitation or to consider the request at all.
Authority:
PEN 1172.1(c)
People v. Hodge (2024) 107 Cal.App.5th 985
Fifth Holding:
An appellate court has an independent obligation to assure itself of its own jurisdiction.
Authority:
Doe v. Regents of University of California (2022) 80 Cal.App.5th 282, 291