People v. Jacobson CA3

DISCUSSION

Appellate counsel asks this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Delgadillo, supra, 14 Cal.5th at pp. 231-232.) Jacobson was advised by counsel of his right to file a supplemental brief within 30 days from the date the opening brief was filed. Jacobson filed a supplemental brief, raising issues relating to his plea bargain and asking whether any recent changes in the law affect his upper term sentence or his enhancements. We conclude that the order issued by the trial court is not appealable, and thus the appeal must be dismissed. “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.) Jacobson states that the trial court’s order denying his request under section 1172.1 is made appealable by section 1237, subdivision

2 (b). Section 1237, subdivision (b) authorizes criminal defendants to appeal “[f]rom any order made after judgment, affecting the substantial rights of the party.” Section 1172.1, subdivision (a) provides that the…