People v. Pham CA4/3

DISCUSSION

Pham urges us to reverse the trial court’s orders and remand the matter with directions for the court to consider his petitions on the merits. For the reasons explained below, we find neither order is appealable.

3 However, that finding does not preclude Pham from inviting the trial court to recall his sentence under section 1172.1 and to resentence him pursuant to the terms of that statute. I.

RULES GOVERNING APPEALABILITY

“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.” (People v. Loper (2015) 60 Cal.4th 1155, 1159; see People v. Vaesau (2023) 94 Cal.App.5th 132, 143.) In this case, Pham relies on section 1237, subdivision (b) as the basis for his appeal. That provision allows an appeal to be taken from “any order made after judgment, affecting the substantial rights of the party.” (§ 1237, subd. (b).) However, it is well established that 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, subdivision (b).” (People v. King…