Opinion
E081383
10-11-2023
THE PEOPLE, Plaintiff and Respondent, v. SHADEED DWIGHT NIBLETT, Defendant and Appellant.
Alan Siraco, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County (Super.Ct.No. RIF1105943). John D. Molloy, Judge. Dismissed.
Alan Siraco, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
FIELDS J.
On the court's own motion, the appeal filed in the superior court on May 23, 2023, from the trial court's denial of defendant's postjudgment, nonstatutory motion for sentence modification based on changes in the law "pursuant to section(s) 186.22, 12022.53 and/or 12022.5" is DISMISSED because it does not affect defendant's substantial rights. (Pen. Code, § 1237, subd. (b).) The trial court lacked jurisdiction to modify defendant's sentence. (See People v. Chlad (1992) 6 Cal.App.4th 1719, 1725.) Therefore, denial of the motion to modify defendant's sentence could not have affected his substantial rights. (Id. at p. 1726.) Accordingly, the order denying defendant's motion for sentence modification is not an appealable order, and the appeal must be dismissed. (See People v. Fuimaono (2019) 32 Cal.App.5th 132, 135.)
DISPOSITION
The appeal is dismissed.
We concur: MILLER Acting P.J. MENETREZ J.