People v. Darling CA4/3

DISCUSSION

A defendant may appeal from “any order made after judgment, affecting the substantial rights of the party.” (§ 1237, subd. (b).) There is no appealable order for us to review because the trial court never ruled on Darling’s petition below. Rather, the court declined to act on the petition because the court stated it lacked jurisdiction. We decline to review an issue not properly before us, and we render no opinion on this issue.2 (People v.

2 We note that Darling also requests we order the trial court to

consider striking his strike priors under the “Three Strikes” law for sentencing purposes in light of recent legislative amendments to section 1385

3 Slayton (2001) 26 Cal.4th 1076, 1084 [reviewing courts do not generally “‘adjudicate hypothetical claims or render purely advisory opinions’”].) We must dismiss this appeal so Darling may seek resentencing under section 1172.75 in the court below because the court now has jurisdiction. We trust the trial court will properly adjudicate the petition to comport with section 1172.75. (People v. Espino (2024) 104 Cal.App.5th 188, review granted Oct. 23, 2024, S286987; People v. Christianson (2023) 97 Cal.App.5th 300, review…