People v. Livingston CA2/4

Filed 4/14/23 P. v. Livingston CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B320053

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA146007) v.

ARTURUS LEVELL LIVINGSTON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lynn D. Olson, Judge. Dismissed. Pensanti & Associates and Louisa Pensanti, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Scott A. Taryle and Rene Judkiewicz, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION Generally, once judgment in a criminal case is rendered and execution of a sentence begins, trial courts lack jurisdiction to vacate or modify a sentence. (People v. King (2022) 77 Cal.App.5th 629, 634 (King).) And this court generally lacks jurisdiction to consider appeals from a trial court’s denial of a request to vacate or modify a final sentence. (Ibid.) Of course, exceptions apply, notably when the Legislature has created a specific statutory avenue that allows a defendant to seek resentencing. (Ibid.) In this case, all parties agree that at some point in the future, appellant Arturus Levell Livingston will likely be able to use a statutory avenue to modify his sentence. But his time to do so has not yet come. The trial court lacked jurisdiction to consider Livingston’s motion for sentencing relief. We lack jurisdiction to consider an appeal of the court’s order dismissing his motion. Accordingly, we dismiss this appeal.