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Name: People v. Awad
Case #: G050579
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/29/2015
Summary

When read in conjunction with Proposition 47, Penal Code section 1260 authorizes the Court of Appeal to stay an appeal and grant a limited remand to the trial court to hold a Penal Code section 1170.18 resentencing hearing. A jury convicted Awad of multiple counts of forgery and grand theft and he appealed. While his appeal was pending, voters passed Proposition 47, which reduced certain felonies to misdemeanors for qualified defendants, in November 2014. Awad petitioned for resentencing on one of his forgery counts. The trial court found it lacked jurisdiction to hear the petition while Awad’s appeal was pending. Awad filed a second notice of appeal from the denial of his Proposition 47 petition. He asked to expedite his appeal. The Court of Appeal requested briefing on whether it had authority to order a limited remand during the pendency of the first appeal to allow the trial court to rule on Awad’s Proposition 47 petition, and consolidated the two appeals. Held: Appeal stayed; limited remand ordered. Ordinarily the filing of a notice of appeal deprives the trial court of jurisdiction until the remittitur issues. The purpose of this requirement is to protect the appellate court’s jurisdiction by preserving the status quo. But in appropriate circumstances, the same criminal case may be simultaneously pending in both the superior court and the Court of Appeal. Section 1260 allows the Court of Appeal to order a limited remand as one of the available remedies in reviewing criminal appeals. “The criminal remittitur statute (§ 1265, subd. (a)) does not apply to this nondispositive interlocutory order.” This interpretation promotes the intent behind Proposition 47–to save money and to release lower level nonviolent offenders.