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Name: People v. Turrin
Case #: C059722
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/20/2009

Absent a qualifying exception, the trial court loses jurisdiction to resentence a criminal defendant after execution of sentence has begun. This includes modifying defendant’s restitution fines. Appellant was sentenced to state prison, with the minute order remanding him to custody of the sheriff forthwith. Ten months later, while serving his prison sentence, appellant filed a pro per motion in the trial court requesting reduction of the imposed restitution fines, claiming an inability to pay. The motion was dismissed and appellant appealed. The Court of Appeal noted that absent the following exceptions, the trial court loses jurisdiction to modify a sentence after execution of the sentence has begun: 1) the court, on its own motion, and within 120 days of committing a defendant to prison, may recall the sentence (Pen. Code, sec. 1170, subd. (d)); 2) an unauthorized sentence may be corrected at any time; and 3) a clerical error may be corrected at any time. Because the order requiring appellant to pay restitution fines was authorized and execution of sentence had commenced, the court had no jurisdiction to consider appellant’s motion. Penal Code section 1202.42 confers continuing jurisdiction to modify the amount of victim restitution, not the restitution fine. Accordingly, appellant’s appeal was dismissed.