Can a criminal defendant's sentence be changed after the execution of the sentence has begun?

In general, a trial court lacks jurisdiction to modify a criminal defendant's sentence after the execution of the sentence has begun. (People v. Turrin (2009) 176 Cal.App.4th 1200, 1204-1205 (Turrin).) Only a few exceptions to this rule exist. For example, under section 1170, subdivision (d), a trial court can recall the sentence on its own motion within 120 days after committing a defendant to prison. (See 1170, subd. (d).) A trial court may also correct a clerical error in a sentence or an unauthorized sentence at any time. (Turrin, supra, 176 Cal.App.4th at pp. 1204-1205.)

In addition, as to victim restitution orders imposed under section 1202.4, subdivision (f), a trial court retains jurisdiction, post-sentencing, to modify or impose restitution when the economic losses of a victim cannot be ascertained at the time of sentencing. (See 1202.4, subd. (f), 1202.46.) Section 1202.4, subdivision (f) has also been interpreted to allow for modification of a victim restitution order after sentencing based on changed circumstances. (See, e.g., People v. Jennings (2005) 128 Cal.App.4th 42, 58-59 [interpreting section 1202.4, subdivision (f)(1) to permit a defendant

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