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Supreme Court of California

Teal v. Super. Ct., S211708

In this case, the petition for recall of petitioner's indeterminate life sentence pursuant to the Three Strikes law was denied, and the Court of Appeal determined that the denial of the recall petition is a nonappealable order. The Court of Appeal's judgment relating to the appealability issue is reversed, where: 1) the test of appealability under Penal Code section 1237(b) does not depend on the resolution of an issue to be determined on the merits; 2) the denial of a section 1170.126 recall petition, foreclosing a reduced sentence, would affect the substantial rights of petitioner; and 3) the denial of a section 1170.126 recall petition is an appealable order.

Appellate Information

  • Decided 11/06/2014
  • Published 11/06/2014


  • Chin


  • Supreme Court of California


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