Opinion
E081859
12-11-2023
THE PEOPLE, Plaintiff and Respondent, v. KEVIN DARNELL SMITH, JR., Defendant and Appellant.
Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant.
NOT TO BE PUBLISHED
APPEAL from the Superior Court of San Bernardino County No. FWV21000842. Joseph B. Widman, Judge. Dismissed.
Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
FIELDS J.
On the court's own motion, the appeal filed in the superior court on September 28, 2023, from the trial court's denial of defendant's postjudgment motion for resentencing under Penal Code section 1172.75 is DISMISSED because it does not affect defendant's substantial rights. (Pen. Code, § 1237, subd. (b).) The trial court lacked jurisdiction to adjudicate defendant's motion for resentencing. (See People v. Burgess (2022) 86 Cal.App.5th 375, 380-382, 384 ["[S]ection 1172.75 simply does not contemplate resentencing relief initiated by any individual defendant's petition or motion."].) Since the court lacked jurisdiction when it denied defendant's resentencing motion, denial of the motion could not have affected his substantial rights. (People v. Chlad (1992) 6 Cal.App.4th 1719, 1725-1726.) Accordingly, the order denying defendant's motion for resentencing is not an appealable order, and the appeal must be dismissed. (Id. at p. 1725; see People v. Fuimaono (2019) 32 Cal.App.5th 132, 135.)
We concur: MILLER Acting P.J., CODRINGTON J.