P. v. Harper CA4/1
Steven Boyd Harper purports to appeal the order denying his motion for reconsideration of the order denying his petition for resentencing under Penal Code section 1170.95. He did not appeal the order denying the petition before the time to do so had expired and subsequently filed the motion for reconsideration. After the People argued in their brief the order denying the reconsideration motion was not appealable, Harper filed a motion for constructive filing of a notice of appeal from the order denying the resentencing petition. Because the order denying the reconsideration motion is not appealable and Harper did not diligently seek constructive filing of a notice of appeal from the order denying the section 1170.95 petition, we deny the constructive filing motion and dismiss the appeal.
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