P. v. Roe CA2/7
Rupert Mila Roe purports to appeal from an order denying his petition for writ of habeas corpus, a nonappealable order. (Robinson v. Lewis (2020) 9 Cal.5th 883, 895; In re Clark (1993) 5 Cal.4th 750, 767, fn. 7; Cox v. Superior Court (2016) 1 Cal.App.5th 855, 858.) Accordingly, Roe’s appeal must be dismissed.
Even were we to deem this matter an appeal from a nonstatutory motion for modification of sentence in the superior court or a new petition for a writ of habeas corpus in this court, Roe’s contention his 2007 sentence as a third strike offender should be modified in light of recently enacted Penal Code section 1016.8 is devoid of merit.
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