Skip to content
Name: People v. Alanis
Case #: H031059
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 01/16/2008

The filing of a valid notice of appeal vests jurisdiction of the cause in the appellate court until the appeal is determined and the remittitur has issued, so as to deprive the trial court of subject matter jurisdiction. Appellant agreed to plead guilty to the charged offenses on condition he would be allowed to challenge the pre-plea denial of discovery motions. Following imposition of the agreed-upon sentence he filed a notice of appeal. Thereafter, the parties discovered that the discovery issue could not be reached because of the guilty plea and decided to remedy the error by having the court recall the sentence, allow appellant to withdraw his guilty plea, and submit the matter for a court trial. After being found guilty at court trial, appellant filed a second notice of appeal and then abandoned the first appeal. The appellate court determined that the second action was void as the trial court had no jurisdiction to recall the sentence since the matter was on direct appeal, and reversed the judgment. As a general rule, although the trial court loses jurisdiction for most purposes when the notice of appeal is filed, it retains it to correct clerical errors, to vacate a void judgment such as an unauthorized sentence, and to recall sentence under Penal Code section 1170 subdivision (d), if the recall is only for reasons rationally related to sentencing.