People v. Knight CA3

DISCUSSION

Defendant asserts her appeal arises out of the orders issued at the May 18, 2021 hearing, and contends she is entitled to a reduction of her probation term to two years, consistent with the limitation imposed by Assembly Bill No. 1950 . Assembly Bill No. 1950, as enacted, amended section 1203.1, subdivision (a) to limit felony probation to a maximum term of two years, absent circumstances not applicable here. (Stats. 2020, ch. 328, § 2, eff. Jan. 1, 2021.) Defendant claims her appeal arises “from a judgment that finally disposes of all issues between the parties.” “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.) Section 1237, subdivision (b) permits a party to appeal any order after judgment “if it affects that party’s ‘substantial rights.’ ” (Loper, at p. 1162.) The problem here is that the only orders the trial court made at the May 18, 2021 hearing, were orders made pursuant to defendant’s request; that is an order releasing her from custody and an order that she surrender herself at a later date to serve…