People v. Brasley CA3

BACKGROUND

In 2016, defendant pled no contest to second-degree robbery (§ 211) and admitted he was armed with a firearm (§ 12022, subd. (a)(1)), had two prior serious felony convictions (§ 667, subd. (a)(1)), and had one prior strike conviction. The trial court sentenced defendant to 10 years for the robbery (the upper term, doubled due to the prior strike), one year for the firearm enhancement, and 10 years for the two prior serious felony enhancements. In 2024, defendant moved to dismiss and vacate his sentence pursuant to section 1172.1. The trial court dismissed defendant’s motion, concluding that it lacked jurisdiction to consider the motion, as defendant’s case had been final since October 2016. Defendant timely appealed. The trial court denied defendant’s request for a certificate of probable cause.

DISCUSSION

Defendant argues the trial court erred in concluding it lacked jurisdiction to consider his section 1172.1 motion. We conclude the court’s order is not appealable and thus dismiss the appeal. “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.…