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PEOPLE v. GALLARDO

Nos. A087149, A088030, A088200.

92 Cal.Rptr.2d 161 (2001)

77 Cal.App.4th 971

The PEOPLE, Plaintiff and Respondent, v. Michael Tony GALLARDO, Defendant and Appellant. In re David Lopez, on Habeas Corpus. The People, Plaintiff and Respondent, v. Hector Mora, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

As Modified February 10, 2000.

As Modified on Denial of Rehearing February 22, 2000.

Review Denied April 12, 2000.

Attorney(s) appearing for the Case

Richard Such, under appointment by the Court of Appeal, Palo Alto, for Defendants and Appellants Michael Tony Gallardo and Hector Mora.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Christina V. Kuo and Kenneth C. Young, Deputy Attorneys General, for Plaintiff and Respondent in No. A087149.

Joseph Baxter, Esq., Santa Rosa, for Petitioner David Lopez.

Bill Lockyer, Attorney General, Gerald A. Engler, Deputy Attorney General, Counsel for Respondent in A088030.

Bill Lockyer, Attorney General, and Bridget Billeter, Deputy Attorney General, for Plaintiff and Respondent in No. A088200.

HANLON, P.J.

We consider here three appeals, each of which tests the limits on appealability of a postjudgment order.

The first appeal causes us to consider whether a defendant (Michael Tony Gallardo) may create an appealable order by sending the sentencing court a letter asking the court to strike in the interest of justice portions of a completed sentence imposed 15 years earlier. The issue arises because...

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