Does a judge have jurisdiction to resentence a criminal defendant after execution of the sentence has commenced?
California, United States of America
The following excerpt is from People v. Helser, C079151 (Cal. App. 2016):
argument is consistent with the general common law rule that "a trial court is deprived of jurisdiction to resentence a criminal defendant once execution of the sentence has commenced. [Citations.] Where the trial court relinquishes custody of a defendant, it also loses jurisdiction over that defendant." (People v. Karaman (1992) 4 Cal.4th 335, 344.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a judge have jurisdiction to resentence a criminal defendant after execution of sentence has begun? (California, United States of America)
Does a judge have jurisdiction to resentence a criminal defendant after the execution of the sentence has begun? (California, United States of America)
Does a judge have jurisdiction to resentence a criminal defendant after execution of sentence has begun? (California, United States of America)
Does a judge have jurisdiction to resentence a criminal defendant after execution of sentence has begun? (California, United States of America)
Does a judge have jurisdiction to resentence a criminal defendant after execution of sentence has begun? (California, United States of America)
Does a judge have jurisdiction to resentence a criminal defendant after execution of sentence has begun? (California, United States of America)
Does a judge have jurisdiction to resentence a criminal defendant after execution of sentence has begun? (California, United States of America)
Does a judge have jurisdiction to resent the sentence of a criminal defendant after execution has been stayed? (California, United States of America)
Does a judge have jurisdiction to resentence a criminal defendant after execution of sentence has begun? (California, United States of America)
Is a sentencing court acting in excess of its jurisdiction and imposes an unauthorized sentence when it erroneously stays or fails to stay execution of a sentence under section 654 of the Criminal Code? (California, United States of America)
