People v. Niren

California Court of Appeal

People v. Niren

76 Cal. App. 3d 850, 143 Cal. Rptr. 130, 1978 Cal. App. LEXIS 1171

CourtCalifornia Court of Appeal

DecidedJanuary 13, 1978

DocketCrim. No. 9643

StatusPublished

Cited by7 cases

This text of 76 Cal. App. 3d 850 (People v. Niren) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Niren, 76 Cal. App. 3d 850, 143 Cal. Rptr. 130, 1978 Cal. App. LEXIS 1171 (Cal. Ct. App. 1978).

Pincite

Opinion

GARDNER, P. J.

Defendant pleaded guilty to arson and was sentenced to prison. A report was requested pursuant to Penal Code section 1168. The court subsequently received an unfavorable report from the Director of Corrections and declined to recall the commitment. Defendant then made a motion to recall the commitment. This motion was denied. Defendant then filed a notice of appeal from the latter order.

The Attorney General contends that the order purportedly appealed from is a nonappealable order. We agree.

Proceedings under Penal Code section 1168 cannot be initiated by a defendant. (Thomas v. Superior Court, 1 Cal.3d 788, 790 [83 Cal.Rptr. 357, 463 P.2d 709]; Alanis v. Superior Court, 1 Cal.3d 784 [83 Cal.Rptr. 355, 463 P.2d 707].) The defendant simply has no standing to make a motion to recall under Penal Code section 1168. Therefore, the trial court’s denial of such a motion is not appealable.

Appeal dismissed.

Kaufman, J., and McDaniel, J., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion

GARDNER, P. J.

Defendant pleaded guilty to arson and was sentenced to prison. A report was requested pursuant to Penal Code section 1168. The court subsequently received an unfavorable report from the Director of Corrections and declined to recall the commitment. Defendant then made a motion to recall the commitment. This motion was denied. Defendant then filed a notice of appeal from the latter order.

The Attorney General contends that the order purportedly appealed from is a nonappealable order. We agree.

Proceedings under Penal Code section 1168 cannot be initiated by a defendant. (Thomas v. Superior Court, 1 Cal.3d 788, 790 [83 Cal.Rptr. 357, 463 P.2d 709]; Alanis v. Superior Court, 1 Cal.3d 784 [83 Cal.Rptr. 355, 463 P.2d 707].) The defendant simply has no standing to make a motion to recall under Penal Code section 1168. Therefore, the trial court’s denial of such a motion is not appealable.

Appeal dismissed.

Kaufman, J., and McDaniel, J., concurred.

Cite This Page — Counsel Stack

Bluebook (online)

76 Cal. App. 3d 850, 143 Cal. Rptr. 130, 1978 Cal. App. LEXIS 1171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-niren-calctapp-1978.

Opinion

Related

Cite This Page — Counsel Stack