People v. Uy CA3

background and character, pursuant to section 3051 and People v. Franklin (2016) 63 Cal.4th 261. On January 17, 2024, the trial court issued a written order stating: “After having reviewed and considered the Petition for Resentencing pursuant to Penal Code Section 1170 filed on December 26, 2023,” it is hereby ordered “DENIED.” Defendant timely appealed.

DISCUSSION

We turn first to whether the trial court’s January 2024 order was appealable. (People v. Clark (2021) 67 Cal.App.5th 248, 254 [“Because an appealable judgment or order is essential to appellate jurisdiction, the appellate court must consider the question of appealability sua sponte, and dismiss the appeal if the judgment or order is found to be nonappealable”].) “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.) An order made after judgment is appealable only if it affects a defendant’s substantial rights. (§ 1237, subd. (b).) In general, “ ‘once a judgment is rendered and execution of the sentence has begun, the trial court does not have jurisdiction to vacate…