Is there a statutory right of appeal?

California, United States of America


The following excerpt is from People v. Leggett, 162 Cal.Rptr.3d 205 (Cal. App. 2013):

" It is settled that the right of appeal is statutory and that a judgment or order is not appealable unless expressly made so by statute. [Citations.]" ( People v. Mazurette (2001) 24 Cal.4th 789, 792, 102 Cal.Rptr.2d 555, 14 P.3d 227.) The only statute that might have application in the present case is section 1170.126, which makes appealable "any order made after judgment, affecting the substantial rights of the party." ( 1237, subd. (b).) Unless an order denying resentencing under section 1170.126 is an order after judgment affecting petitioner's substantial rights, as described in section 1237, there is no right of appeal and any review of the court's order must necessarily be by writ.

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