People v. Hernandez

Senate Bill No. 620 does not contain language authorizing resentencing of convictions after they became final. The Court of Appeal dismissed defendant's appeal challenging the trial court's order denying his motion to strike personal firearms enhancements that were imposed under a judgment that became final before the motion was filed.The court held that the challenged order was not appealable because the court lacked jurisdiction to grant the relief requested in the motion and the order denying the motion did not affect defendant's substantial rights as contemplated in Penal Code 1237, subdivision (b). Absent any new authority to resentence defendant under SB 620, the trial court lacked jurisdiction to grant defendant's resentencing request. View "People v. Hernandez" on Justia Law