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Name: Jurisdiction & Venue

After the trial court denied appellant’s Penal Code former section 1170.95 petition at the prima facie stage, appellant filed his first appeal. That appeal was still pending when the court recalled the matter, reevaluated the petition, and once again denied it. Appellant filed a second appeal.

The Court of Appeal agreed with the parties that because the first appeal was still pending, the trial court lacked jurisdiction to issue any orders that impacted appellant’s judgment or involved the denial of the petition. As such, the second denial of appellant’s resentencing petition was vacated as null and void.

As to the initial denial, the trial court erred because when appellant pleaded no contest to attempted murder in 2019, the law had not been expressly amended to prohibit the use of the natural and probable consequences doctrine to establish liability for attempted murder.

The Court of Appeal accordingly remanded the order with orders for the trial court to issue an order to show cause and hold an evidentiary hearing.