People v. Jackson CA2/1

DISCUSSION

We lack jurisdiction over Jackson’s appeal. Section 1237 generally governs a defendant’s right to appeal in criminal cases.

2 Jackson’s notice of appeal does not specify the specific order(s) he is appealing, stating instead he is “appea[ling] from a request for resentencing under” amended section 1172.1. We liberally construe his notice of appeal to include both the March 26 and May 8, 2024 orders denying such relief because it is reasonably clear what Jackson was trying to appeal and there is no prejudice to the People. (In re Joshua S. (2007) 41 Cal.4th 261, 272.)

3 Under that section, a defendant may appeal “[f]rom any order made after judgment, affecting the substantial rights of the party.” (§ 1237, subd. (b).) “The trial court’s decision not to exercise its discretion to recall [Jackson]’s sentence did not affect [his] substantial rights under section 1237, subdivision (b), because the trial court had no statutory obligation to act at all on [Jackson]’s request” pursuant to section 1172.1, subdivision (c). (People v. Hodge (2024) 107 Cal.App.5th 985, 991.) “If the defendant has no right to a decision [under section 1172.1, subdivision (c)], the trial court’s…