Jurisdiction of Trial Court

Name: People v. Camp
Case #: D064737
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/21/2015
  • Categories: Jurisdiction of Trial Court, Realignment, Sentencing

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 months—half in…

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Name: People v. Phoenix
Case #: C069195
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/24/2014
  • Categories: Credits, Jurisdiction of Trial Court, Sentencing

When a trial court imposes a consolidated sentence in multiple cases, it must award custody credits related to an earlier case even when the earlier case was in a different county. In December 2008, Phoenix was convicted of a crime…

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Name: People v. Parker
Case #: B243010
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/24/2013
  • Categories: Jurisdiction of Trial Court, Probation, Probation / Parole / PRCS, Sentencing

Where a prison sentence is imposed but suspended in execution, a qualified defendant remains a "probationer" within the meaning of Penal Code section 1203.4, and is eligible for expungement of conviction. Parker filed a section 1203.4 petition to set aside…

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Name: People v. Kim
Case #: H037320
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/19/2012
  • Categories: Guilty Pleas, Jurisdiction of Trial Court, Pleas, Remedies, Sentencing

Trial court lacked jurisdiction to dismiss defendant's conviction 14 years after he pled guilty, in order to avoid deportation consequences of plea. Defendant, a South Korean citizen, has been a lawful permanent resident of the U.S. since 1986. As a…

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Name: People v. Clytus
Case #: B236714
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 10/02/2012
  • Categories: Jurisdiction of Trial Court, Realignment, Sentencing

A trial court executing a suspended-execution sentence on or after October 1, 2011 has no discretion to order that a county jail felony offense be served in state prison, where the defendant is not otherwise ineligible for such treatment. Appellant…

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