Jurisdiction Over Person Archives

Categories: Jurisdiction & Venue, Jurisdiction Over Person, Mandatory Supervision, Probation / Parole / PRCS, Restitution, Sentencing

Summary

When a Court of Appeal vacates a restitution award in a case that has been transferred to another county under Penal Code section 1203.9, the transferring court retains jurisdiction to impose a new restitution order consistent with the appellate court's…

View Full Summary

Name: People v. Adelmann

Case #: E064099

Opinion Date: 08/31/2016

Categories: Jurisdiction & Venue, Jurisdiction Over Person, Prop 47, Sentencing

Summary

Where the "entire jurisdiction" of defendant's case was transferred to another county (Pen. Code, § 1203.9), his Proposition 47 petition was properly filed in the receiving county. In 2012, defendant pleaded guilty in San Diego County to driving under the…

View Full Summary

Name: U.S. v. Reves

Case #: 13-15845

Opinion Date: 12/15/2014

Categories: Appealable Orders, Appeals, Jurisdiction & Venue, Jurisdiction Over Person

Summary

Federal district court lacked jurisdiction to consider motion to vacate sentence where defendant's probation term expired on a Sunday and he filed his motion the next day, because he was no longer "in custody." Reves and defendant Bedford appealed the…

View Full Summary

Name: People v. Espinosa

Case #: B249493

Opinion Date: 09/25/2014

Categories: Jurisdiction & Venue, Jurisdiction Over Person

Summary

Trial court lacked jurisdiction to modify first degree murder conviction to second degree murder and to resentence defendant because a notice of appeal had been filed. A jury found defendant guilty of first degree murder for the stabbing death of…

View Full Summary

Name: People v. Aguilar

Case #: B252036

Opinion Date: 06/18/2014

Categories: Coram Nobis/Vobis, Extraordinary Remedies, Habeas Corpus (State), Ineff. Assist. Counsel (IAC), Jurisdiction & Venue, Jurisdiction Over Person, Right to Counsel

Summary

Felon who had fully served his state sentence and was in federal custody facing deportation was unable to vacate plea based on ineffective assistance of counsel (IAC) because all potential remedies were unavailable. Aguilar, a lawful resident alien, pled nolo…

View Full Summary

Name: People v. Arroyo

Case #: G048659

Opinion Date: 04/28/2014

Categories: Grand Jury, Jurisdiction & Venue, Jurisdiction Over Person, Minor Found Unfit, Motion Attacking, Pleadings, Prop 21 - Gang Violence, Sentencing

Summary

Prosecution of 14-year-old defendant in adult court may proceed via grand jury indictment. The Orange County Grand Jury issued an indictment that charged Arroyo and others with conspiracy to commit murder for the benefit of a gang and other offenses.…

View Full Summary

Name: People v. Scott

Case #: H037681

Opinion Date: 11/14/2013

Categories: Appealable Orders, Appeals, Jurisdiction & Venue, Jurisdiction Over Person, Subject Matter Jurisdiction

Summary

Where the prosecution successfully moves to dismiss the only felony charged in an information and files a misdemeanor complaint, the appellate department of the superior court has jurisdiction over the appeal. After a preliminary hearing, Scott was held to answer…

View Full Summary

Name: People v. Ford

Case #: A135733

Opinion Date: 07/17/2013

Categories: Jurisdiction & Venue, Jurisdiction Over Person, Restitution, Sentencing

Summary

A trial court retains jurisdiction to order victim restitution even after a defendant's probation term has expired. Defendant was convicted of leaving the scene of an accident in which the victim was severely injured. He was placed on probation for…

View Full Summary

Name: People v. Leiva

Case #: B214397

Opinion Date: 03/01/2011

Categories: Jurisdiction & Venue, Jurisdiction Over Person, Probation, Probation / Parole / PRCS

Summary

A summary revocation of probation suspends the running of the probation term in all cases not only in those cases in which it is subsequently proven that a probationer violated the terms of probation during the original probationary term. In…

View Full Summary

Name: People v. Burton

Case #: A122183

Opinion Date: 08/31/2009

Categories: Jurisdiction & Venue, Jurisdiction Over Person, Probation, Probation / Parole / PRCS

Summary

The trial court retained jurisdiction to revoke probation after expiration of the probation term. The trial court summarily revoked Burton's probation on the basis of a violation that the prosecution later failed to prove. While the first petition was pending,…

View Full Summary

Page 1
Page 2
Next