Jurisdiction of Trial Court Archives

Categories: Jurisdiction of Trial Court, Limitations on, SB 620 Firearm Enhancements, Sentencing

Summary

A motion to recall the remittitur is not the appropriate procedural vehicle to reopen a final case in order to argue the application of amendments to Penal Code section 12022.53 (Senate Bill No. 620). Harris was convicted of the first…

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Name: People v. Race

Case #: E066059

Opinion Date: 12/11/2017

Categories: Jurisdiction of Trial Court, Sentencing

Summary

Trial court correctly issued protective order as to defendant's daughter, even though he did not plead to any criminal offense involving her. Race pleaded no contest to attempted lewd acts on his minor niece (Pen. Code, §§ 664, 288, subd.…

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Name: People v. Hahn

Case #: B279344

Opinion Date: 10/19/2017

Categories: Jurisdiction of Trial Court, Probation, Probation / Parole / PRCS, Sentencing

Summary

Termination of probation does not affect a court's power to enforce a prior lawful sentencing order when the jail sentence was not imposed as a term of probation. Several years after pleading guilty to drug possession, the trial court terminated…

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Name: In re Barber

Case #: B284060

Opinion Date: 09/14/2017

Categories: Jurisdiction & Venue, Jurisdiction of Trial Court, Probation, Probation / Parole / PRCS, Sentencing, Specific Jurisdiction

Summary

After probation expired, sheriff did not have authority to confine former probationer who failed to complete work release program. In 2007, Barber pleaded no contest to second degree commercial burglary, and the court sentenced him to three years' probation. In…

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Name: In re Christian S.

Case #: H043104

Opinion Date: 03/09/2017

Categories: Guilty Pleas, Jurisdiction of Trial Court, Pleas, Sentencing

Summary

Arbuckle right does not extend to contested victim restitution hearing in juvenile proceedings. Minor admitted one count of conduct that if committed by an adult would be considered lewd and lascivious conduct on a child under age 14. The judge…

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Name: People v. Waters

Case #: A143557

Opinion Date: 10/26/2015

Categories: Jurisdiction of Trial Court, Probation, Probation / Parole / PRCS, Restitution, Sentencing

Summary

Trial court lacks jurisdiction to order victim restitution after probationary term has expired. Waters was convicted of felony embezzlement (Pen. Code, §§ 487, subd. (a), 508) in 2008 and placed on probation. Although the victim requested $20,800 in restitution, the…

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Name: People v. Mendoza

Case #: E059613

Opinion Date: 10/26/2015

Categories: Jurisdiction of Trial Court, Probation, Probation / Parole / PRCS, Pronouncement, Realignment, Sentencing

Summary

The procedure whereby a defendant sentenced to state prison may request sentencing in absentia in a probation case (Pen. Code, § 1203.2a) also applies to defendants sentenced to "county prison." Mendoza was convicted of drug offenses in Riverside County and…

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Name: People v. Borynack

Case #: E061733

Opinion Date: 06/24/2015

Categories: Base Term Selection, Jurisdiction of Trial Court, Limitations on, Realignment, Sentencing

Summary

Provisions of the Realignment Act of 2011 that allow the court to impose a split sentence may not be applied to a conviction for possession of a destructive device. Borynack pled guilty to a number of counts related to possession…

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Name: People v. Ford

Case #: S212940

Opinion Date: 05/28/2015

Categories: Jurisdiction of Trial Court, Probation, Probation / Parole / PRCS, Restitution, Sentencing

Summary

By agreeing to continue restitution hearing to a date after his probationary term expired, defendant impliedly consented to trial court's continued exercise of jurisdiction. Ford, who severely injured a person in a hit-and-run accident, appealed from an order awarding victim…

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Name: People v. Camp

Case #: D064737

Opinion Date: 01/21/2015

Categories: Jurisdiction of Trial Court, Realignment, Sentencing

Summary

After execution of split sentence, trial court retains jurisdiction to terminate mandatory supervision and modify custodial term. Camp entered a plea to grand theft, resisting an officer, and admitted a prison prior, with a stipulated sentence of 28 monthshalf in…

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