Gallardo

We consider here three appeals, each of which tests the limits on appealability of a postjudgment order.

The first appeal causes us to consider whether a defendant (Michael Tony Gallardo) may create an appealable order by sending the sentencing court a letter asking the court to strike in the interest of justice portions of a completed sentence imposed 15 years earlier. The issue arises because resourceful counsel has formulated an end run around the “Three Strikes” law—nunc pro tunc dismissal in an old case of charges that otherwise would be considered “strikes” against the defendant in a new case. We conclude that neither the superior court’s order declining Gallardo’s proposal nor its refusal to reconsider the order is appealable. The appeal is dismissed.

*976 The second appeal (by David Lopez) presents a classic example of a habeas corpus petition presented to the superior court and denied by that court. Instead of filing a new petition in this court, Lopez has sought to appeal. Although he argues for special treatment to gain procedural advantages the appeal would provide and he claims his situation is different because the lower court issued an order to show cause…

A petition for a rehearing was denied February 22, 2000, and on February 10, 2000, and February 22, 2000, the opinion was modified to read as printed above. The petitions of both appellant Michael Tony Gallardo and petitioner David Lopez for review by the Supreme Court were denied April 12, 2000.

We consider here three appeals, each of which tests the limits on appealability of a postjudgment order.

The first appeal causes us to consider whether a defendant (Michael Tony Gallardo) may create an appealable order by sending the sentencing court a letter asking the court to strike in the interest of justice portions of a completed sentence imposed 15 years earlier. The issue arises because resourceful counsel has formulated an end run around the Three Strikes law — nunc pro tunc dismissal in an old case of charges that otherwise would be considered "strikes" against the defendant in a new case. We conclude that neither the superior court's order declining Gallardo's proposal nor its refusal to reconsider the order is appealable. The appeal is dismissed.

The second appeal (by David Lopez) presents a classic example of a habeas corpus petition presented to the superior court and denied by that court. Instead of filing a new petition in this court, Lopez has sought to appeal. Although he argues for special treatment to gain procedural advantages the appeal would provide and he claims his situation is different because the lower court issued an order to show cause…