People v. Jacobson CA3

Filed 12/5/25 P. v. Jacobson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Siskiyou) ----

THE PEOPLE, C102931

Plaintiff and Respondent, (Super. Ct. No. SCCR-CRF- 2022-104) v.

CARL EDWARD JACOBSON,

Defendant and Appellant.

Defendant Carl Edward Jacobson appeals from a postconviction order denying his request for resentencing under Penal Code section 1172.1.1 Appellate counsel filed a brief raising no arguable issues under People v. Delgadillo (2022) 14 Cal.5th 216, asking this court to conduct an independent review of the record. Jacobson filed a supplemental brief. We conclude the order at issue is not an appealable order and so dismiss the appeal.

1 Undesignated statutory references are to the Penal Code.

1

FACTUAL BACKGROUND In October 2022, following a plea agreement, the trial court sentenced Jacobson to an aggregate term of 10 years four months for numerous offenses and enhancements in multiple cases. This sentence included the imposition of the upper term for several of the offenses. In April 2024, Jacobson requested recall of his sentence and resentencing under section 1172.1. The trial court denied the request, explaining that Jacobson did not “meet the legal requirements for recall and resentencing pursuant to the language of the statute,” in part because the process “cannot be initiated by the defendant.” The court did not address the merits of Jacobson’s request and did not make its own motion for recall and resentencing. Jacobson appealed. DISCUSSION Appellate counsel asks this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Delgadillo, supra, 14 Cal.5th at pp. 231-232.) Jacobson was advised by counsel of his right to file a supplemental brief within 30 days from the date the opening brief was filed. Jacobson filed a supplemental brief, raising issues relating to his plea bargain and asking whether any recent changes in the law affect his upper term sentence or his enhancements. We conclude that the order issued by the trial court is not appealable, and thus the appeal must be dismissed. “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.) Jacobson states that the trial court’s order denying his request under section 1172.1 is made appealable by section 1237, subdivision