P. v. Eagen
Filed
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF
SECOND APPELLATE DISTRICT
DIVISION
THE PEOPLE, Plaintiff and Respondent, v. JOHN EAGEN, Defendant and Appellant. | B194822 ( Super. |
APPEAL from an order of the Superior Court of Los Angeles County, Bradford L. Andrews, Judge. Dismissed.
Jill Ishida, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lawrence M. Daniels, Supervising Deputy Attorney General, Kathy S. Pomerantz, Deputy Attorney General, for Plaintiff and Respondent.
____________________
Defendant, John Eagen, purports to appeal from an order refusing to recall his sentence pursuant to Penal Code section 1170, subdivision (d). We noted that such a post-judgment order may not be appealable. We have a duty to raise issues concerning our own jurisdiction on our own motion and thus issued an order to show cause concerning possible dismissal of the appeal. (Jennings v. Marralle (1994) 8 Cal.4th 121, 126; Olson v. Cory (1983) 35 Cal.3d 390, 398.) Such an order is not appealable. (People v. Chlad (1992) 6 Cal.App.4th 1719, 1725-1726; People v. Gainer (1982) 133 Cal.App.3d 636, 641; People v. Druschel (1982) 132 Cal.App.3d 667, 668-669; People v. Niren (1978) 76 Cal.App.3d 850, 851.) Hence, the appeal must be dismissed.
The appeal is dismissed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
TURNER, P. J.
We concur:
ARMSTRONG, J.
KRIEGLER, J.
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