People v. Montellano
Annotate this CaseThe Court of Appeal dismissed the District Attorney's appeal from the trial court's postjudgment order finding defendant eligible for resentencing under Penal Code section 1170.126, the Three Strikes Reform Act of 2012. The court held that, because the trial court's preliminary eligibility determination did not, by itself, entitle defendant to a second-strike sentence, that ruling did not necessarily affect the substantial rights of the People by directly and immediately altering the judgment, its enforcement, or defendant's relationship to it. Therefore, the court held that the order was not appealable under section 1238, subdivision (a)(5).
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