People v. Yarbrough CA2/2

DISCUSSION

“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)

1 Undesignated statutory references are to the Penal Code.

2 Cal.4th 1155, 1159; People v. Hodge (2024) 107 Cal.App.5th 985, 992 (Hodge).) Section 1172.1 authorizes a trial court to recall the sentences of incarcerated defendants and resentence them “at any time” upon the recommendation of certain correctional authorities, or “on its own motion” within 120 days of the date of the commitment. (§ 1172.1, subd. (a)(1).) The same section explicitly states: “A defendant is not entitled to file a petition seeking relief from the court under this section. If a defendant requests consideration for relief under this section, the court is not required to respond.” (Id., subd. (c).) In Hodge, we concluded that a trial court’s order denying a defendant’s request for resentencing under section 1172.1 is not an appealable order because it does not affect a defendant’s substantial rights, given that a trial court has no obligation to respond at all to such a request. (Hodge, supra, 107…