People v. Gallardo

Opinion

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 resourceful counsel has formulated an end run around the “Three Strikes” law—nunc pro tunc dismissal in an old case of charges that otherwise would be considered “strikes” against the…