P. v. Escobedo
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The Second Appellate District dismissed two Appellants’ appeals of the trial court’s post-judgment orders. One Appellant purported to appeal from the trial court’s post-judgment order denying his petition to strike two prior prison term enhancements imposed pursuant to former Penal Code 2 section 667.5, subdivision (b) (667.5(b)). In a separate proceeding, the other Appellant purported to appeal from a similar post-judgment order.
The Second Appellate District dismissed both appeals, holding that the orders appealed from are non-appealable because the trial court lacked jurisdiction to adjudicate the petitions. The court explained that Appellants’ prior prison terms had been served for offenses that were not sexually violent. After the imposition of the prior prison term enhancements, former section 667.5(b) was amended to limit its application to prison terms served for sexually violent offenses. Appellants contend the trial court erroneously denied their petitions to strike the now invalid prior prison term enhancements. But, the court explained that the Legislature has not authorized their appeals from the trial court’s order. “‘It is settled that the right of appeal is statutory and that a judgment or order is not appealable unless expressly made so by statute.’”
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