California v. Fuimaono

An order made after judgment affecting a defendant’s substantial rights is appealable. However, once a judgment is rendered, except for limited statutory exceptions, the sentencing court is without jurisdiction to vacate or modify the sentence, except pursuant to the provisions of section 1170 (d). Defendant’s motion for resentencing was not based on the trial court’s limited authority to resentence under section 1170(d). Instead, defendant argued he was entitled to resentencing under the recently enacted Senate Bill No. 620. Having concluded defendant has appealed from a nonappealable order, the Court of Appeal dismissed his appeal. View "California v. Fuimaono" on Justia Law