People v. Hudson 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.) Defendant was advised by counsel of his right to file a supplemental brief within 30 days of the date the opening brief was filed. Defendant filed a supplemental brief, arguing that: (1) the sentencing court did not give due consideration to mitigating factors; (2) his upper term sentence was without statutory authority; and (3) the trial court improperly ignored his motion under Assembly Bill No. 600 (2023-2024 Reg. Sess.). 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.) Defendant states that the trial court’s order denying his request under section 1172.1 is made appealable by section 1237, subdivision (b). Section 1237, subdivision (b) authorizes criminal defendants to appeal “[f]rom any order made…