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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

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 county of conviction to the county of his permanent residence pursuant to Penal Code section 1203.9. Following the completion of his probationary sentence, defendant filed a motion to vacate his plea (Pen. Code, § 1473.7) in the receiving county. The trial court concluded that it lacked jurisdiction to hear the motion. Defendant appealed. Held: Affirmed. Section 1203.9 authorizes the transfer…

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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

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 instructions on remand. Following Gholipour's convictions for fraud and perjury, the San Diego County Superior Court imposed a split sentence and entered a restitution award. While her appeal in the case was pending, Gholipour completed the custody portion of her sentence and was released on mandatory supervision. She began living in Orange County, and the San Diego court granted her…

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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

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 influence and possession of illegal drugs. He was granted three years' probation. In December 2012, his motion to transfer jurisdiction of his case to Riverside County was granted (Pen. Code, § 1203.9). In January 2015, he filed a Proposition 47 petition to reduce his drug conviction to a misdemeanor in Riverside County (Pen. Code, § 1170.18, subd. (a)). He told…

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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

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 federal district court's denial of their motions to vacate their sentences (28 U.S.C. § 2255). Their convictions stemmed from an FBI investigation into allegedly corrupt practices by San Joaquin County government officials related to contract awards. After full or partial reversals of the convictions of several of their codefendants, Reves and Bedford sought to have their convictions set aside. Held:…

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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

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 his mother's boyfriend. He was sentenced to 25 years to life plus one year for the knife use. He filed a notice of appeal. At a victim restitution hearing several weeks after sentencing, the court stated its inclination to reduce the offense to second degree murder and solicited a motion from the defense. The defense moved to reduce the offense…

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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

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 contendere to illegal possession of a gun in 2005. He completed his one day in custody and three years' probation. He was later taken into federal custody to face deportation because of the conviction. He filed a motion in state court to vacate the plea based on IAC because his attorney failed to advise him of the immigration consequences of…

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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

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. (Pen. Code, §§ 187/182/186.22, subds. (a) & (b).) The indictment included a finding Arroyo was 14 years of age or older and the conspiracy offense came within Welfare and Institutions Code section 707, subdivision (d)(2). Arroyo demurred to the indictment, claiming section 707, subdivision (d) requires prosecution to proceed via preliminary hearing and information. The demurrer was sustained and the…

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Name: People v. Scott
Case #: H037681
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 11/14/2013

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 on a felony robbery charge. The prosecution subsequently filed an information with the robbery charge and misdemeanor charges of grand theft, disturbing the peace, and battery. Thereafter the prosecution moved to dismiss the robbery for insufficient evidence. Scott pled not guilty to the misdemeanor charges. On the day set for trial the prosecution filed a "First Amended" misdemeanor complaint, charging…

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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

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 three years; the court retained jurisdiction over victim restitution. After the probation department notified Ford he owed the victim substantial restitution, he requested a hearing. The hearing was continued several times, finally occurring during three hearings in early 2012. At the third hearing, appellant claimed the trial court lack jurisdiction to order restitution because his probation term had by then…

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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)

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 April 2000, the court placed appellant on probation for three years. This case involves the tolling provision in Penal Code section 1203.2, subdivision (a), which states in pertinent part, "The revocation, summary or otherwise, shall serve to toll the running of the probationary period." In 2001, the court summarily revoked probation because appellant failed to report to…

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