People v. Johnson
Annotate this CaseSenate Bill No. 620 does not automatically trigger resentencing for a prisoner who was previously found to have used a firearm in the commission of a felony. The Court of Appeal affirmed the trial court's denial of defendant's "Motion for stay of Gun Enhancement (Penal Code, 1385)." The court held that the People correctly argued that the trial court's order was not appealable because the trial court lacked jurisdiction to consider the merits of defendant's motion. In this case, the trial court had no jurisdiction to grant relief pursuant to Senate Bill No. 620, which amended Penal Code section 12022.53, subdivision (h); the new amendment did not apply to final judgments; and thus the trial court's order denying the motion was not appealable because it was not an "order made after judgment, affecting the substantial rights of the party."
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