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Name: People v. Saunoa
Case #: B185161
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 05/19/2006

The trial court lacks jurisdiction to retry appellant before issuance of the remittitur following his appeal. After a successful appeal in which the appellate court ordered a new trial, appellant’s retrial began prior to the issuance of the remittitur, and resulted in conviction of two counts. In his second appeal, appellant argued the trial court lacked jurisdiction to retry him prior to the issuance of the remittitur. The Court of Appeal agreed. When a notice of appeal is filed, it transfers jurisdiction to the appellate court until the issuance of the remittitur. The remittitur then transfers jurisdiction from the appellate court back to the lower court. Until the remittitur issues, the lower court cannot act upon the appellate court’s decision. The trial court’s failure to wait for the remittitur rendered all the proceedings and the results and void. However wasteful a third trial may seem, the error is not subject to harmless error analysis.