Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of Los Angeles County No. LA048066, Darlene Schempp, Judge. Dismissed.
William D. Farber, 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, Lance E. Winters and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent.
TURNER, P. J.
Defendant, Jose Luis Mejia, purports to appeal from an order denying his habeas corpus petition. We have a duty to raise issues concerning our jurisdiction on our own motion. (Jennings v. Marralle (1994) 8 Cal.4th 121, 126; Olson v. Cory (1983) 35 Cal.3d 390, 398.) We asked the parties to show cause why the appeal should not be dismissed because it is taken from a non-appealable order and set the matter for oral argument. The denial of a habeas corpus petition is not appealable. (In re Clark (1993) 5 Cal.4th 750, 767, fn. 7; In re Hochberg (1970) 2 Cal.3d 870, 876, disapproved on other grounds in In re Fields (1990) 51 Cal.3d 1063, 1070, fn. 3.) Thus, the appeal must be dismissed as it is taken from a non-appealable order. (People v. Chi Ko Wong (1976) 18 Cal.3d 698, 709 disapproved on another point in People v. Green (1980) 27 Cal.3d 1, 34-35 [“a judgment or order is not appealable unless expressly made so by statute”]; Skaff v. Small Claims Court (1968) 68 Cal.2d 76, 78 [“a party possesses no right of appeal except as provided by statute”].)
The appeal is dismissed.
We concur: ARMSTRONG, J., KRIEGLER, J.