Error and/or relief
[Gary note: This is a case in which no relief was granted the defendant, because his matter did not give rise to an appealable order. It is included in these summaries because it contains important principles on appealability.]First 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
Second Holding:
Section 1237(b), authorizes criminal defendants to appeal from any order made after judgment, affecting the substantial rights of the party. The type of claim raised in the trial court determines whether a postjudgment order affects the substantial rights of a party. An appealable order must be validly issued, and a sentencing order cannot be valid if the trial court lacks jurisdiction to issue it. Therefore, a trial court order denying relief that the court has no jurisdiction to grant does not affect a defendant’s substantial rights and is therefore not appealable under section 1237(b).
Authority:
PEN 1237(b)
People v. Faustinos (2025) 109 Cal.App.5th 687, 693
People v. King (2022) 77 Cal.App.5th 629, 639
Third Holding:
The court determined that neither provision cited by the defendant, as amended, conferred postconviction jurisdiction on the court to resentence the defendant, whose sentence was final in 2017. The trial court’s order, which dismissed the defendant’s motion because the court lacked jurisdiction to grant him relief under those provisions, therefore, did not affect the defendant’s substantial rights. It is, therefore, not appealable under section 1237(b). Because the order is not appealable, we must dismiss the appeal.
Authority:
People v. Fuimaono (2019) 32 Cal.App.5th 132, 135
People v. Faustinos (2025) 109 Cal.App.5th 687, 693-694
People v. King (2022) 77 Cal.App.5th 629, 634, 642