People v. Escareno - Appeal Dismissed

CA Court of Appeal Opinions

Filed March 13th, 2026

Detected March 13th, 2026

Summary

The California Court of Appeal, Second Appellate District, Division Four, has dismissed an appeal filed by Jorge Escareno. The court found that the postjudgment order regarding his petition for recall and resentencing under Penal Code section 1172.1 was not appealable, as the statute allows the trial court to disregard such requests.

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What changed

The California Court of Appeal has dismissed an appeal in the case of People v. Escareno (Docket No. B341196). The appeal concerned a postjudgment order on the defendant's petition for recall and resentencing under Penal Code section 1172.1. The court determined that the trial court's order, which disregarded the defendant's request as permitted by the statute, was not an appealable order.

This ruling means that defendants cannot appeal a trial court's decision to not act on a petition for recall and resentencing under section 1172.1. Legal professionals representing defendants in similar situations should be aware that such orders are generally not subject to appeal, and appeals based on these orders will likely be dismissed. No specific compliance actions are required for regulated entities as this is a judicial decision on an individual case.

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March 13, 2026 Get Citation Alerts Download PDF Add Note

People v. Escareno CA2/4

California Court of Appeal

Citations: None known
Docket Number: B341196
Precedential Status: Non-Precedential
Opinion
Authorities (1)
Cited By (0)
Summaries (0)
Similar Cases (0)
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Combined Opinion

Filed 3/13/26 P. v. Escareno 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This
opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR

THE PEOPLE, B341196

Plaintiff and Respondent, Los Angeles County
Super. Ct. No. GA048471-
v. 02
JORGE ESCARENO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los
Angeles County, Hayden A. Zacky, Judge. Dismissed.
Lisa Jensen, under appointment by the Court of Appeal, for
Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Appellant Jorge Escareno appeals from a postjudgment
order taking no action on his petition for recall and resentencing
under Penal Code section 1172.1.1 Escareno filed a supplemental
brief after his appointed counsel filed a brief under People v.
Delgadillo (2022) 14 Cal.5th 216 raising no issues. We conclude
that the trial court’s order was not appealable and dismiss the
appeal.
Section 1172.1 expressly denies defendants the right to file
a petition for resentencing under that section and expressly
excuses the trial court from acting on any such request by a
defendant. (§ 1172.1, subd. (c).) Because the trial court chose to
disregard Escareno’s request, as it was entitled to do under
section 1172.1, there was no order from which to appeal. (People
v. Brinson (2025) 112 Cal.App.5th 1040, 1046–1047; People v.
Hodge (2024) 107 Cal.App.5th 985, 993.)
We commend Escareno for the effort he has made to
rehabilitate himself, which he references in his supplemental
brief. However, because the trial court’s order denying his
motion was not appealable, we must dismiss this appeal.
Escareno has raised no argument in his supplemental brief
overcoming the fact that the appeal must be dismissed.