People v. Melger CA3

DISCUSSION

This appeal from a nonappealable order must be dismissed. Defendant’s notice of appeal cites Penal Code1 sections 1237, subdivision (b) and 3455, subdivision (a) as authority for his right to bring this appeal. Section 1237, subdivision (b) provides that an appeal may be taken by the defendant “[f]rom any order made after judgment, affecting the substantial rights of the party.” Section 3455 sets forth the procedure for revoking, modifying, or terminating postrelease community supervision. Appeals have been successfully taken from orders revoking and/or reinstating postrelease community supervision while requiring the defendant to serve jail time for violation of the terms and conditions of supervision. (See, e.g., People v. Byron (2016) 246 Cal.App.4th 1009, 1012; People v. Freeman, supra,

1 Further undesignated statutory references are to the Penal Code.

3 61 Cal.App.5th at p. 131.) Such postjudgment orders affect a defendant’s substantial rights. Here, defendant’s notice of appeal states he is appealing from the trial court’s decision on his request “for the 180 days to run concurrent from the time the detainer was placed by [the Department of Corrections and…