Jurisdiction of Trial Court

Name: People v. Codinha (2023) 92 Cal.App.5th 976
Case #: D080633
Court: CA Court of Appeal
District 4 DCA
Opinion Date: 06/26/2023
  • Categories: Jurisdiction of Trial Court, Sentencing

A trial court’s inherent authority to correct an unauthorized sentence allows the court to modify a final judgment. In 2019, defendant pleaded guilty to two felonies (counts 1 and 3), and admitted committing count 3 while released on bail for…

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Name: People v. Harris
Case #: C079470
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/23/2018
  • Categories: Jurisdiction of Trial Court, Limitations on, SB 620 Firearm Enhancements, Sentencing

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
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/11/2017
  • Categories: Jurisdiction of Trial Court, Sentencing

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
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/19/2017
  • Categories: Jurisdiction of Trial Court, Probation, Probation / Parole / PRCS, Sentencing

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
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 09/14/2017
  • Categories: Jurisdiction & Venue, Jurisdiction of Trial Court, Probation, Probation / Parole / PRCS, Sentencing, Specific Jurisdiction

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
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/09/2017
  • Categories: Guilty Pleas, Jurisdiction of Trial Court, Pleas, Sentencing

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
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 10/26/2015
  • Categories: Jurisdiction of Trial Court, Probation, Probation / Parole / PRCS, Restitution, Sentencing

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
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/26/2015
  • Categories: Jurisdiction of Trial Court, Probation, Probation / Parole / PRCS, Pronouncement, Realignment, Sentencing

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
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/24/2015
  • Categories: Base Term Selection, Jurisdiction of Trial Court, Limitations on, Realignment, Sentencing

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
Court: CA Supreme Court
District CalSup
Opinion Date: 05/28/2015
  • Categories: Jurisdiction of Trial Court, Probation, Probation / Parole / PRCS, Restitution, Sentencing

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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