Is a motion to modify a sentence in a personal injury case an unauthorized and unauthorized appeal from the order of the Superior Court of Appeal denying the motion?

California, United States of America


The following excerpt is from People v. Johnson, C081073 (Cal. App. 2016):

Here, defendant previously appealed from the judgment and the judgment was affirmed. The judgment has long since been final. Defendant filed a motion to modify the sentence more than a decade later. In this appeal, defendant seeks to duplicate the appeal from the judgment itself. Defendant's motion did not claim that the judgment was void on its face, or claim that the appellate record would not have shown the error. Clarification of the law is not required here. In such instance, "the appeal from the order

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denying motion to modify is unauthorized and must be dismissed." (People v. Cantrell (1961) 197 Cal.App.2d 40, 45.)

The appeal is dismissed.

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