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Name: People v. Superior Court (Gregory)
Case #: F047602
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 05/11/2005

In 1994, appellant pleaded guilty to second degree murder. His conviction was affirmed in 1995. In 2000, the trial court granted habeas relief on the theory that appellant’s no contest plea was not knowing and voluntary. The prosecutor appealed, and the appellate court reversed, and remanded to the trial court for further proceedings. In 2002, the Supreme Court granted review, but action was deferred pending disposition of another case involving the same issue. No opinion has yet been filed in that case. Subsequent to the grant of review, the trial court granted appellant’s motion for further evidentiary hearing on the issues which remained in his habeas proceeding, and the trial court again granted relief. The prosecutor appealed. The appellate court ordered the parties to brief the issue of whether the trial court had jurisdiction to enter any further orders on this case. The appellate court held that the trial court lacked jurisdiction to enter any further order on the merits of the case. Although the same basis for relief was not relitigated, the same overall claim (the validity of the plea) was at issue. Therefore, the action was not independent from or collateral to the matter on appeal.