Error and/or relief
The defendant invited the trial court to recall his sentence under Penal Code section 1170.1. The court appointed counsel and set a hearing date, but concluded at hearing (with the defendant not being present) that no one-year priors were ever alleged [possibly conflating the request with a motion for resentencing under section 1172.5, which does pertain to resentencing on cases that had certain now-invalid prior prison term enhancements but is unrelated to an invitation for recall of a sentence under section 1170.1] and determined that he was not eligible for resentencing under 1172.1. Reversed.
First Holding:
By taking action on a purported motion that defendant did not make, it conferred jurisdiction on the Court of Appeal to rectify the error.
Authority:
Department of Water Resources Environmental Impact Cases (2022) 79 Cal.App.5th 556, 573
Second Holding:
A defendant is not entitled to file a petition seeking relief from the court under section 1170.1. If a defendant requests consideration for relief under this section, the court is not required to respond.
Authority:
PEN 1170.1(c)
People v. Hodge (2024) 107 Cal.App.5th 985
Third 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
Fourth Holding:
It is an abuse of discretion when a court applies improper criteria or an incorrect legal standard to decide an issue.
Authority:
Department of Water Resources Environmental Impact Cases (2022) 79 Cal.App.5th 556, 573
