DISCUSSION

Generally, once judgment is rendered, the sentencing court is without jurisdiction to vacate or modify the sentence, except pursuant to section 1170.03, subdivision (a)(1). (People v. Torres (2020) 44 Cal.App.5th 1081, 1084, 1085 (Torres) [referencing former § 1170, subd. (d)(1)]; People v. Karaman (1992) 4 Cal.4th 335, 344.) If a trial court does not have jurisdiction to rule on a motion to modify a sentence, an order denying the motion is not appealable, and the appeal must be dismissed. (Torres, supra, at pp. 1084- 1085; Fuimaono, supra, 32 Cal.App.5th at p. 135; People v. Turrin (2009) 176 Cal.App.4th 1200, 1208 (Turrin), citing § 1237, subd. (b).) There are statutory exceptions to the general jurisdiction rule precluding resentencing (§§ 1170.126, 1170.18, 1170.95) and the courts may correct computational and clerical errors at any time. (Turrin, supra, at p. 1205.) In addition, a court may recall a sentence and resentence a defendant under certain circumstances within 120 days of a defendant’s custody commitment. (§ 1170.03.)3 The execution of defendant’s sentence began in 2010, some 11 years before he filed the motion that is the subject of this appeal. None of these exceptions to the general rule apply here, and defendant makes no claim they do. Accordingly, the trial court lacked jurisdiction to modify defendant’s restitution order. (People v. Mendez (2012) 209 Cal.App.4th 32, 33-34.) The denial of a motion the trial

3 Assembly Bill No. 1540 (2021-2022 Reg. Sess.) moved the recall and resentencing provisions of former section 1170, subdivision (d)(1) to section 1170.03. (Stats. 2021, ch. 719, § 3.1.)

3 court has no jurisdiction to grant “does not affect a defendant’s substantial rights and is therefore not appealable under section 1237, subdivision (b).” (People v. King (2022) 77 Cal.App.5th 629, 639, petn, for review pending, petn. filed May 24, 2022, S274722; see also Fuimaono, supra, at p. 135; Turrin, supra, at p. 1208, citing § 1237, subd. (b); People v. Chlad (1992) 6 Cal.App.4th 1719, 1725-1726.) Accordingly, the appeal must be dismissed.4 (Fuimaono, supra, at p. 135; Mendez, supra, at p. 34.)

DISPOSITION

The appeal is dismissed.

/s/

EARL, J.

We concur:

/s/ MAURO, Acting P. J.

/s/

DUARTE, J.

4 We also note, counsel’s motion under section 1237.2 did not vest the trial court with jurisdiction to modify the sentence regarding fines and fees. The jurisdiction created by section 1237.2 does not extend beyond the pendency of defendant’s direct appeal from their judgment of conviction. (Torres, supra, 44 Cal.App.5th at p. 1088.) Because we do not have jurisdiction, we cannot address this error.

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