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People v. Dehuff

California Court of Appeals, Second District, Fifth Division
Jul 22, 2008
No. B207531 (Cal. Ct. App. Jul. 22, 2008)

Opinion

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Los Angeles County No. PA028453, Shari Silver, Judge.

Murray A. Rosenberg, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Paul M. Roadarmel, Jr. and Daniel C. Chang, Deputy Attorneys General, for Plaintiff and Respondent.


TURNER, P. J.

Defendant, Christopher David Dehuff, purports to appeal from a March 14, 2008 post-judgment order denying his sentence modification motion. We noted that such an order may not be appealable and issued an order to show cause concerning possible dismissal of the appeal. We did so because we have a duty to raise issues concerning our jurisdiction on our own motion. (Jennings v. Marralle (1994) 8 Cal.4th 121, 126-127; Olson v. Cory (1983) 35 Cal.3d 390, 398.) The March 14, 2008 order is not appealable. (People v. Cantrell (1961) 197 Cal.App.2d 40, 43; People v. Bowles (1933) 135 Cal.App. 514, 516; see People v. Thomas (1959) 52 Cal.2d 521, 527.) If defendant has a legitimate jurisdictional issue, he may raise it in a habeas corpus petition. There is no jurisdictional question though as to whether the trial court had the authority to impose a $10,000 restitution fine. (Pen. Code, § 1202.4, subd. (b)(1).)

The appeal is dismissed.

We concur: ARMSTRONG, J., KRIEGLER, J.


Summaries of

People v. Dehuff

California Court of Appeals, Second District, Fifth Division
Jul 22, 2008
No. B207531 (Cal. Ct. App. Jul. 22, 2008)
Case details for

People v. Dehuff

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER D. DEHUFF, Defendant…

Court:California Court of Appeals, Second District, Fifth Division

Date published: Jul 22, 2008

Citations

No. B207531 (Cal. Ct. App. Jul. 22, 2008)