People v. Boode CA1/4

Filed 5/30/25 P. v. Boode CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A171369 v. (Alameda County SHAWNDRA STAR BOODE, Super. Ct. No. H46925A) Defendant and Appellant.

Defendant Shawndra Star Boode appeals after the trial court took no action on her Penal Code1 section 1172.1 petition for recall and resentencing. We conclude the trial court’s order is not appealable and will dismiss the appeal. BACKGROUND In 2010, a jury convicted Boode of two counts of first degree murder under section 187, subdivision (a), and found true special circumstance allegations under section 190.2, subdivision (a)(3) and (17)(A), as well as enhancements under sections 12022.5, subdivision (a), 12022.53, subdivisions (d) and (g), and 12022.7, subdivision (a). The trial court subsequently sentenced her to 120 years to life without the possibility of parole.

1 All further statutory references are to the Penal Code unless

otherwise stated.

1

On March 12, 2024, Boode filed a section 1172.1 petition for resentencing in connection with her 2010 convictions. Her petition discussed her youth at the time of the underlying offenses, childhood trauma, and subsequent rehabilitative efforts. She also referenced the Alameda County District Attorney’s review of her sentence. On April 25, 2024, the trial court declined to take action on Boode’s petition, citing section 1172.1, subdivisions (a)(1), (5), and (c), and otherwise dismissed the petition for lack of jurisdiction. Boode timely appealed on May 23, 2024. Boode contends (1) the trial court had jurisdiction under section 1172.1 to recall her sentence and resentence her, (2) the court’s order stating it lacked jurisdiction is appealable under section 1237, subdivision (b) as a postjudgment order that affects her substantial rights, and (3) the trial court abused its discretion in taking no action on the petition. The Attorney General disagrees as to all points. DISCUSSION Boode purports to appeal from the trial court’s order declining to take action on her petition for resentencing. We conclude the order is not appealable. I. Governing Legal Principles “The right to appeal is statutory only, and a party may not appeal a trial court’s judgment, order or ruling unless such is expressly made appealable by statute.” (People v. Loper (2015) 60 Cal.4th 1155, 1159 (Loper).) Boode purports to appeal under section 1237, subdivision (b), which provides a defendant can appeal from “any order made after judgment, affecting the substantial rights of the party.”