Is an order made after judgment affecting a defendant's substantial rights affecting his substantial rights appealable?

California, United States of America


The following excerpt is from People v. Crowley, C077457 (Cal. App. 2015):

An order made after judgment affecting a defendant's substantial rights is appealable. ( 1237, subd. (b).) However, once judgment is rendered, except for limited statutory exceptions ( 1170.126, 1170.18), the sentencing court is without jurisdiction to vacate or modify the sentence except pursuant to the provisions of section 1170, subdivision (d).3 (See Portillo v. Superior Court (1992) 10 Cal.App.4th 1829, 1834-1835.) Section 1170, subdivision (d), allows a sentencing court on its own motion to recall and resentence, subject to the express limitation that the court must act to recall the sentence within 120 days after committing the defendant to prison. (See Dix v. Superior Court (1991) 53 Cal.3d 442, 464.) Indeed, "the court loses 'own-motion' jurisdiction if it fails to recall a sentence within 120 days of the original commitment." (Ibid.)

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