P. v. Eagen
Defendant, purports to appeal from an order refusing to recall his sentence pursuant to Penal Code section 1170, subdivision (d). Court noted that such a post judgment order may not be appealable. Court 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.
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