P. v. Oxner
On May 13, 2008, appellant filed an appeal from the Tulare County Superior Courts denial of his Motion for Modification Reconsideration of Sentence and/or Motion for Extraordinary Relief.
Appellant had been convicted pursuant to a guilty plea on or about October 25, 2007. Pursuant to the plea agreement, appellant was sentenced to two years in prison with an additional two years pursuant to Penal Code section 667.5, subdivision (b). In the Motion for Modification Reconsideration of Sentence and/or Motion for Extraordinary Relief, appellant claimed that his sentence was illegal in that his enhancement was imposed in violation of Cunningham v. California (2007) 549 U.S. 270.The trial court denied the motion. The only documentation indicating the courts ruling on the motion is an April 21, 2008, letter from the clerks office to appellant informing him that the motion had been denied on April 21, 2008. By an order filed on May 27, 2008, this court informed appellant that the court is considering dismissing the appeal on the ground appellant attempts to appeal from a nonappealable order. Appellant was granted 15 days leave to address the appealability of the denial of his motion. In response, appellant filed a letter brief stating, essentially without discussion, that the judgment is appealable.
The appeal is dismissed.
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