People v. Young CA2/4

DISCUSSION

We dismiss the appeal as taken from a nonappealable order. Section 1237 generally governs a defendant’s right to appeal in criminal cases. Under that section, a defendant may appeal from (1) a final judgment of conviction, and (2) “[f]rom any order made after judgment, affecting the substantial rights of the party.” (§ 1237, subds. (a), (b).) Pursuant to section 1172.1, the “[trial] court may, on its own motion, within 120 days of the date of commitment or at any time if the applicable sentencing laws at the time of original sentencing are subsequently changed by new statutory authority or case law . . . recall the sentence and commitment previously ordered and resentence the defendant in the same manner as if they had not previously been sentenced . . . .” (§ 1172.1, subd. (a)(1).) The court may also act upon the recommendation of various designated correctional or law enforcement authorities. (Ibid.) However, “[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.” (§ 1172.1, subd. (c).) “[A] defendant who chooses to…