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Name: People v. Picklesimer
Case #: C056385
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/02/2008
Subsequent History: rev. granted 10/16/08 S165680
Summary

The trial court had no jurisdiction to entertain a post-judgment motion to lift registration requirements. Pickelsimer pled guilty to sex offenses against a minor in 1993. He later asked the trial court to lift the requirement that he register as a sex offender. The trial court refused, concluding that it lacked jurisdiction to do so. On appeal, Picklesimer contended that the trial court had the authority to hear post-conviction motions under Penal Code section 17, subdivision (b). The appellate court dismissed the appeal, finding that the trial court’s jurisdiction was limited to carrying out judgments of the appellate court. Picklesimer’s conviction had previously been affirmed. The remittitur did not revest the trial court with the jurisdiction to entertain his motion. Therefore, Picklesimer should not have been permitted to file his motion in his long-final criminal case. Because the trial court lacked jurisdiction to grant relief, the order denying his motion was not appealable.