Brinson

DISCUSSION

Brinson attempts to appeal from the trial court’s order declining to take any action on his section 1172.1 request for recall and resentencing. We conclude the trial court’s decision is not an appealable order and dismiss. We begin with the fundamental principle that “[t]he 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.) Brinson asserts the trial court’s order is appealable under section 1237, subdivision (b), which provides that a defendant may appeal from any postjudgment order that affects the substantial rights of the party. However, we agree with the growing body of caselaw concluding a trial court’s decision not to take any action on a section 1172.1 request initiated by a defendant does not affect his or her substantial rights. (E.g., People v. Roy (2025) 110 Cal.App.5th 991, 1001, petn. for review pending, petn. filed May 30, 2025, S291146 (Roy); People v. Faustinos (2025) 109 Cal.App.5th 687, 696 (Faustinos); Hodge, supra, 107 Cal.App.5th at p. 999.)

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I. A Trial Court’s Decision To Take No Action…