People v. Jackson CA5

INTRODUCTION

Appellant Christopher Jackson filed an appeal from a trial court order summarily denying his request for recall of his sentence and for resentencing under Penal Code section 1172.1.1 Appellant maintains the trial court’s denial is an appealable order under section 1237, and the trial court abused its discretion in failing to give due consideration to all the postconviction evidence he offered in support of resentencing. Respondent maintains appellant has no right to appeal because the trial court’s denial did not affect appellant’s substantial rights within the meaning of section 1237. Having considered the parties’ arguments, we agree with respondent and conclude the trial court’s summary denial of appellant’s unauthorized request for relief under section 1172.1 is not an appealable order. As such, the appeal must be dismissed.

FACTUAL BACKGROUND

After weeks of planning to rob an armored truck guard during his regular pickup at a bank, appellant and his armed confederate (Sherman) staked out the bank, and when the guard arrived on his rounds, appellant pointed a gun at the guard and reached for the guard’s weapon. A struggle ensued, and appellant called to Sherman…