Appealable Orders Archives

Categories: Appealable Orders, Appeals, Prop 36 - Three Strikes, Sentencing

Summary

Trial court's determination that petitioner was eligible for resentencing under Penal Code section 1170.126 (Prop. 36) was not an order appealable by the People. In 1997, Montellano was sentenced to a life term under the Three Strikes law. In 2014,…

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Name: People v. Hernandez

Case #: B287551

Opinion Date: 04/15/2019

Categories: Appealable Orders, Appeals, SB 620 Firearm Enhancements, Sentencing

Summary

Because Senate Bill No. 620 (granting courts discretion to dismiss firearm use enhancements) is not retroactive to cases whose judgments were final on its effective date, defendant's appeal must be dismissed as from a nonappealable order. In 2016, Hernandez pleaded…

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Name: People v. Caldwell

Case #: A148828

Opinion Date: 11/15/2018

Categories: Appealable Orders, Appeals

Summary

The denial of a motion for a finding of factual innocence (Pen. Code, § 1485.55) is an appealable order. In 1990, Caldwell was convicted of second degree murder and attempted murder based on a drug deal gone bad. In 2009,…

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Name: People v. Littlefield

Case #: B280646

Opinion Date: 06/28/2018

Categories: Appealable Orders, Appeals, Restitution, Sentencing

Summary

Trial court did not have jurisdiction to vacate a valid restitution order where restitution had not been collected for many years and the defendant had completed his sentence. In 2000, Littlefield was ordered to pay victim restitution following his guilty…

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Name: People v. Jordan

Case #: C084592

Opinion Date: 03/15/2018

Categories: Appealable Orders, Appeals, Fines/Fees/Assessments, Review Principles, Sentencing, Waiver of Right

Summary

Appellant's failure to challenge penalty assessments on drug fees in his first appeal waived that claim for the purposes of future appeals. In 2016 Jordan pleaded no contest to several drug offenses. In his first appeal he challenged the denial…

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Name: People v. Dynes

Case #: F075158

Opinion Date: 02/15/2018

Categories: Appealable Orders, Appeals, Prop 57 Parole, Sentencing

Summary

A denial of an ex-parte request for resentencing, modification, and reclassification under the parole provisions of Proposition 57 is not an appealable order. In 2014, defendant was sentenced to prison for an aggregate second strike term of eight years four…

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Name: Class v. United States

Case #: 16-424

Opinion Date: 02/21/2018

Categories: Appealable Orders, Appeals, Guilty Pleas, Pleas

Summary

A guilty plea, by itself, does not bar a criminal defendant from later appealing his conviction on the ground that the statute of conviction violates the Constitution. In 2013, a federal grand jury indicted Class for possessing a gun in…

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Name: Clayton v. Biter

Case #: 15-71566

Opinion Date: 08/21/2017

Categories: Appealable Orders, Appeals

Summary

Defendant's petition for writ of habeas corpus challenging the state court's denial of his resentencing petition was not a prohibited successive petition challenging his original conviction. In 1997, defendant was convicted of carjacking, robbery, and evading a police officer. The…

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Name: People v. Wagner

Case #: D068228

Opinion Date: 08/19/2016

Categories: Appealable Orders, Appeals, Review Principles

Summary

Order revoking parole may be reviewed via a motion to vacate judgment (Pen. Code, § 1473.6). Wagner's parole was revoked and he was ordered to serve 120 days in custody. After the time for appeal had expired and Wagner had…

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Name: In re Anthony

Case #: B256949

Opinion Date: 04/27/2015

Categories: Appealable Orders, Appeals

Summary

Trial court's order granting former inmate's Penal Code section 1485.55 motion for compensation for an erroneous conviction is not appealable by the prosecution. Anthony's petition for writ of habeas corpus challenging his 1995 murder conviction was granted and his conviction…

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