California, United States of America
The following excerpt is from In re: David Lopez on Habeas Corpus, 92 Cal.Rptr.2d 161 (Cal. App. 2000):
"[A]n order is not appealable unless declared to be so by the Constitution or by statute. [Citations.]" (People v. Keener (1961) 55 Cal.2d 714,720.) Stated simply, a criminal appeal by the defendant may be taken only from "a final judgment of conviction" ( 1237, subd. (a); 1466, subd. (2)(A)) or from "any order made after judgment, affecting the substantial rights" of the party ( 1237, subd. (b); 1466, subd. (2)(B)). Our resolution of these three appeals hinges on interpreting and applying the phrase "order made after judgment, affecting the substantial rights" of the defendant.
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