Category Archives: Jurisdiction

Jurisdiction

Case 000050 (remember, there is no 000049)

Posted on by Gary McCurdy

Error and/or relief

The trial court erred in imposing a $100 infraction fine after defendant failed to submit a firearm relinquishment form. Here, the People did not charge or approve the charging of an infraction for failure to file a completed Prohibited Persons Relinquishment Form. Nevertheless, the trial court found that defendant did not file the required form and imposed the $100 fine. As the People concede, this was beyond its power to do. We will modify the judgment to strike the fine.

Holding:

The court may not unilaterally fine a defendant for failing to complete a firearms relinquishment form. The process requires first that a prosecutor file a complaint alleging violation of Penal Code section 29810. Section 29810 requires persons convicted of a felony to relinquish all firearms within a prescribed period of time following the conviction. Failure by a defendant to timely file the completed Prohibited Persons Relinquishment Form with the assigned probation officer shall constitute an infraction punishable by a fine not exceeding $100. But due process of law requires that criminal prosecutions be instituted through the regular processes of law. These regular processes include the requirement that the institution of any criminal proceeding be authorized and approved by the district attorney.

Authority:

PEN 29810

People v. Villatoro (2020) 44 Cal.App.5th 365, 369

Appellate Principles, Jurisdiction, Sentencing

Case 000041

Posted on by Gary McCurdy

Error and/or relief

At the resentencing hearing conducted after the remittitur issued, the trial court declined to strike or reduce the Penal Code section 12022.53(d) firearm enhancement and reimposed the sentence of 50 years to life. The parties agree that the trial court lacked jurisdiction to conduct the earlier hearing (while the appeal was up in higher court, the trial court permitted the prosecution to file new circumstance in aggravation) and the matter must be remanded for a new resentencing hearing. Accordingly, we reverse and remand for a new sentencing hearing conducted in accordance with Senate Bill 567.

First Holding:

It is well established that the filing of a valid notice of appeal vests jurisdiction of the cause in the appellate court until determination of the appeal and issuance of the remittitur.

Authority:

People v. Perez (1979) 23 Cal.3d 545, 554

People v. Burhop (2021) 65 Cal.App.5th 808, 813

Second Holding:

This jurisdictional rule serves to protect the appellate court’s jurisdiction by preserving the status quo until the appeal is decided, and prevents the trial court from rendering an appeal futile by altering the appealed judgment by conducting other proceedings that may affect it.

Authority:

People v. Awad (2015) 238 Cal.App.4th 215, 224

Third Holding:

During the premature hearing, the trial court permitted the prosecution to amend the information to add a factor in aggravation pursuant to California Rules of Court, rule 4.421(b)(1), and accepted defendant’s waiver of his right to trial and admission to the new allegation. Because the trial court lacked jurisdiction to conduct this hearing, all proceedings conducted during that hearing—including the amendment of the information and defendant’s subsequent admission—are null and void.

Authority:

People v. Williams (1999) 77 Cal.App.4th 436, 446-447

Abstracts and Minutes, Jurisdiction, Sentencing

Case 000027

Posted on by Gary McCurdy

Error and/or relief

The court struck the name of the minor’s mother from the criminal protective order because she was not a victim of defendant’s crimes. The court also granted an additional credit of five days for time served, correcting a calculation error. There were errors in the abstract of judgment that the court ordered be corrected.

First Holding:

A protective order cannot be issued to cover those not a victim of defendant’s crime.

Authority:

PEN 136.2(i)(1)

People v. Lopez (2022) 75 Cal.App.5th 227, 236-237

People v. Walts (2025) 112 Cal.App.5th 127

Second Holding:

We have the inherent power to correct clerical errors so that the record reflects the true facts.

Authority:

In re Candelario (1970) 3 Cal.3d 702, 705

Jurisdiction, Probation Parole PRCS

Case 000016

Posted on by Gary McCurdy

Error and/or relief

Assembly Bill No. 1950 (2019–2020 Reg. Sess.) applied retroactively to shorten the defendant’s probation term from four years to two years, thereby retroactively depriving the trial court of jurisdiction to revoke his probation after passage of the two-year mark and rendering the revocation and termination of his probation invalid. [GARY NOTE: Penal Code sections 1203a for misdemeanors and 1203.1 for felonies, and there are exceptions to the one-year and two-year periods mentioned in those sections, so be sure to look at the actual applicable statute if the issue arises.]

First Holding:

Acts committed after the statutory shortening of the length of the probation term do not constitute violations of probation.

Authority:

AB 1950

People v. Faial (2025) 18 Cal.5th 199

Discretion, Jurisdiction, Sentencing

Case 000009

Posted on by Gary McCurdy

Error and/or relief

The defendant invited the trial court to recall his sentence under Penal Code section 1170.1. The court appointed counsel and set a hearing date, but concluded at hearing (with the defendant not being present) that no one-year priors were ever alleged [possibly conflating the request with a motion for resentencing under section 1172.5, which does pertain to resentencing on cases that had certain now-invalid prior prison term enhancements but is unrelated to an invitation for recall of a sentence under section 1170.1] and determined that he was not eligible for resentencing under 1172.1. Reversed.

First Holding:

By taking action on a purported motion that defendant did not make, it conferred jurisdiction on the Court of Appeal to rectify the error.

Authority:

Department of Water Resources Environmental Impact Cases (2022) 79 Cal.App.5th 556, 573

Second Holding:

A defendant is not entitled to file a petition seeking relief from the court under section 1170.1. If a defendant requests consideration for relief under this section, the court is not required to respond.

Authority:

PEN 1170.1(c)

People v. Hodge (2024) 107 Cal.App.5th 985

Third Holding:

The right to appeal is statutory only, and a party may not appeal a trial court’s judgment, order or ruling unless such is expressly made appealable by statute.

Authority:

People v. Loper (2015) 60 Cal.4th 1155, 1159

Fourth Holding:

It is an abuse of discretion when a court applies improper criteria or an incorrect legal standard to decide an issue.

Authority:

Department of Water Resources Environmental Impact Cases (2022) 79 Cal.App.5th 556, 573