Can a motion to appeal a postconviction finding that the trial court lacks jurisdiction to hear the motion be appealed?

California, United States of America


The following excerpt is from People v. Leggett, 162 Cal.Rptr.3d 205 (Cal. App. 2013):

Our conclusions are otherwise consistent with prior case authority that precludes or otherwise limits the availability of appeals from postconviction determinations. For example, prior case law establishes that if the trial court lacks jurisdiction to hear a motion, its order denying the motion does not affect the defendant's substantial rights and is therefore not appealable. (See People v. Turrin (2009) 176 Cal.App.4th 1200, 1208, 98 Cal.Rptr.3d 471 [trial court lacked jurisdiction to modify restitution fine, so order denying defendant's motion requesting the same was not appealable]; accord, People v. Mendez (2012) 209 Cal.App.4th 32, 34, 146 Cal.Rptr.3d 666.) Section 1170.126 confers on the trial court limited jurisdiction to consider petitions by inmates with indeterminate sentences under the three strikes law, provided the current conviction is not for a serious or violent felony.

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