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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: Fortner v. Superior Court (Monterey County)
Case #: H038353
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 07/17/2013

Trial court lacked territorial jurisdiction over domestic violence offense committed in Hawaii against a victim who was subsequently battered in California. In early 2010, Fortner and Doe, who lived together, argued about Fortner's past use of prostitutes. In April 2010, they went to Hawaii, where they again argued about the prostitutes. Fortner hit Doe in the face, causing an eye injury. After they returned to California, Doe sought medical help for the injury. In November 2011, Fortner again battered Doe. He was charged with numerous crimes arising from this incident and two counts based on the April 2010 Hawaii…

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Name: Gomez v. Superior Court (Felker)
Case #: S179176
Court: CA Supreme Court
District CalSup
Opinion Date: 06/18/2012

Code of Civil Procedure section 259, subdivision (a) authorizes a court commissioner to determine ex parte writ petitions; the statute is constitutional. Two inmates filed petitions for writ of mandate seeking an order directing the prison to process administrative appeals of grievances. A court commissioner denied the petitions. In the Court of Appeal, the inmates challenged the commissioner's jurisdiction and the court concluded that the commissioner had authority to deny the petitions. The California Supreme Court affirmed. The plain language of Code of Civil Procedure section 259, subdivision (a) authorizes court commissioners to grant or deny ex parte petitions for…

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Name: People v. Zarazua
Case #: C062268
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/30/2009

An appellate court has jurisdiction to determine whether a notice of appeal has been constructively filed and said jurisdiction may be invoked either by motion or by petition for writ of habeas corpus. Five months after being sentenced to state prison, appellant filed a pro se motion in the appellate court for constructive filing of the notice of appeal. Accompanying the motion was appellant's declaration to the effect that trial counsel had led him to believe the notice would be timely filed, but had then failed to file it. The notice was served on the Attorney General on June 24,…

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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…

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Name: People v. Vasilyan
Case #: B205679
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 05/28/2009

A judgment that is void for lack of subject matter jurisdiction, such as when a defendant is convicted of a crime that does not exist, is subject to collateral attack. For a court in California to have jurisdiction in a criminal case it must have jurisdiction over the person and the subject matter, with subject matter jurisdiction being predicated on the offense. In 1994, appellant, a lawful permanent resident, pled no contest to two of the three charged counts of Penal Code section 422.7 and was placed on probation. The action stemmed from an attack by appellant and…

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Name: In re Jose C.
Case #: S158043
Court: CA Supreme Court
District CalSup
Opinion Date: 01/02/2009

Under Welfare and Institutions Code section 602, a state court has jurisdiction to declare a juvenile a ward of the court on the basis of the juvenile's violation of federal immigration law. In 2006, Jose C., a minor, was apprehended by U.S. Border Patrol agents at the border as he assisted others to illegally enter the United States. The Imperial County District Attorney filed a juvenile wardship petition pursuant to Welfare and Institutions Code section 602, alleging one count of illegally bringing aliens into the United States. Counsel for Jose C. objected on the grounds that the juvenile court lacked…

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Name: People v. Alanis
Case #: H031059
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 01/16/2008

The filing of a valid notice of appeal vests jurisdiction of the cause in the appellate court until the appeal is determined and the remittitur has issued, so as to deprive the trial court of subject matter jurisdiction. Appellant agreed to plead guilty to the charged offenses on condition he would be allowed to challenge the pre-plea denial of discovery motions. Following imposition of the agreed-upon sentence he filed a notice of appeal. Thereafter, the parties discovered that the discovery issue could not be reached because of the guilty plea and decided to remedy the error by having the…

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Name: People v. Lazarevich
Case #: H026467
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/18/2004
Subsequent History: Rev. den. 2/23/05

The state of California may assert jurisdiction over a parent who violated a state custody order by taking the children to a foreign country. The defendant was convicted in California of two counts of withholding a minor child and maliciously depriving the lawful custodian of her right to custody, in violation of Penal Code section 278.5. The defendant and his wife were divorced in California. Following a scheduled visit in 1989, he failed to return the children to their mother in Los Angeles as agreed, and instead took them to Yugoslavia where they remained until the children…

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Name: People v. Coddington
Case #: S008840
Court: CA Supreme Court
District CalSup
Opinion Date: 07/03/2000
Subsequent History: Modification of opinion at 24 Cal.4th 316a; rehearing denied 9/27/00; cert. denied 2/26/01

There was no error in the jury instructions given regarding sanity which would have precluded consideration of evidence of irresistible impulse to the extent that appellant did not know his acts were wrong. Furthermore, appellant did not request a clarifying instruction below, so any claim on appeal was waived. Penalty phase issues are not discussed here. Appellant could not challenge the jury instruction which told the jurors to presume sanity at the time of the crime because appellant did not raise the issue or request clarification below. Further, there was no possibility of confusion caused by…

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