People v. Willis CA1/3

DISCUSSION

Two rules guide our analysis. First, orders made after judgment are appealable only if they affect the defendant’s “substantial rights.” (§ 1237, subd. (b); People v. Fuimaono (2019) 32 Cal.App.5th 132, 134 (Fuimaono).) Second, as a general rule, “a trial court is deprived of jurisdiction to resentence a criminal defendant once execution of the sentence has commenced.” (People v. Karaman (1992) 4 Cal.4th 335, 344.) Former section 1170, subdivision (d) provides an exception to the general rule that a court loses jurisdiction when the sentence begins.2 (Dix v. Superior Court (1991) 53 Cal.3d 442, 455.) Under this provision, a trial court may recall a sentence and resentence a defendant on its own motion within 120 days of the date of commitment, or at any time upon the recommendation of specified persons including the secretary of the California Department of Corrections and Rehabilitation. (Former § 1170 subd. (d)(1); People v. Magana (2021) 63 Cal.App.5th 1120, 1125–1126 (Magana).) Defendant’s purported appeal from the denial of his motion fails. Far more than 120 days had passed since the date of commitment, and the trial court had long since lost jurisdiction to…