Loper

Filed 5/29/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D062693

Plaintiff and Respondent,

v. (Super. Ct. No. SCD225263)

JAMES ALDEN LOPER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Laura H.

Parsky, Judge. Appeal dismissed.

Raymond M. DiGuiseppe, under appointment by the Court of Appeal, for Plaintiff

and Respondent.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Steve Oetting and Lise S.

Jacobson, Deputy Attorneys General, for Defendant and Appellant.

James Alden Loper appeals from the trial court's order denying a request for recall

of his sentence which was initiated by the Department of Corrections and Rehabilitation (the Department) under the compassionate release provision set forth in Penal Code

section 1170, subdivision (e).1 As we will explain, we conclude that the trial court's

order is not appealable by Loper, and we accordingly dismiss the appeal.

I

FACTUAL…