Jurisdiction Over Person

Name: People v. Hernandez (2023) 93 Cal.App.5th 1
Case #: B315243
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 06/22/2023
Subsequent History: Ordered published 7/3/2023
  • Categories: Bifurcation of Gang Allegations, Jurisdiction & Venue, Jurisdiction Over Person, Probation, Probation / Parole / PRCS

Original trial court retained jurisdiction over motion to withdraw plea filed by a former probationer whose probation had been transferred from the county of conviction to his county of permanent residence. The supervision of defendant’s probation was transferred from the…

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Name: Gholipour v. Superior Court (San Diego County)
Case #: D072235
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/24/2017
  • Categories: Jurisdiction & Venue, Jurisdiction Over Person, Mandatory Supervision, Probation / Parole / PRCS, Restitution, Sentencing

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…

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Name: People v. Adelmann
Case #: E064099
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/31/2016
  • Categories: Jurisdiction & Venue, Jurisdiction Over Person, Prop 47, Sentencing

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…

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Name: U.S. v. Reves
Case #: 13-15845
Court: US Court of Appeals
District 9 Cir
Opinion Date: 12/15/2014
  • Categories: Appealable Orders, Appeals, Jurisdiction & Venue, Jurisdiction Over Person

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…

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Name: People v. Espinosa
Case #: B249493
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 09/25/2014
  • Categories: Jurisdiction & Venue, Jurisdiction Over Person

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…

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Name: People v. Aguilar
Case #: B252036
Court: CA Court of Appeal
District 2 DCA
Division: 1
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

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…

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Name: People v. Arroyo
Case #: G048659
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 04/28/2014
Subsequent History: Review granted 7/23/14: S219178
  • Categories: Grand Jury, Jurisdiction & Venue, Jurisdiction Over Person, Minor Found Unfit, Motion Attacking, Pleadings, Prop 21 - Gang Violence, Sentencing

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.…

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Name: People v. Scott
Case #: H037681
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 11/14/2013
  • Categories: Appealable Orders, Appeals, Jurisdiction & Venue, Jurisdiction Over Person, Subject Matter Jurisdiction

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…

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Name: People v. Ford
Case #: A135733
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 07/17/2013
Subsequent History: Review granted 10/23/2013: S212940
  • Categories: Jurisdiction & Venue, Jurisdiction Over Person, Restitution, Sentencing

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…

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Name: People v. Leiva
Case #: B214397
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 03/01/2011
Subsequent History: 6/15/11 rev. granted (S192176)
  • Categories: Jurisdiction & Venue, Jurisdiction Over Person, Probation, Probation / Parole / PRCS

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…

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