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PEOPLE v. LOPER

No. D062693.

216 Cal.App.4th 969 (2013)

157 Cal. Rptr. 3d 349

THE PEOPLE, Plaintiff and Respondent, v. JAMES ALDEN LOPER, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

May 29, 2013.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Steve Oetting and Lise S. Jacobson , Deputy Attorneys General, for Defendant and Appellant.

Raymond M. DiGuiseppe , under appointment by the Court of Appeal, for Plaintiff and Respondent.

OPINION

IRION, J. —

James Alden Loper appeals from the trial court's order denying a request for recall of his sentence which was initiated by the Department of Corrections and Rehabilitation (the Department) under the compassionate release provision set forth in Penal Code section 1170, subdivision (e).1 As we will explain, we conclude that the trial court's order is not appealable by Loper, and we accordingly...

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