California, United States of America
The following excerpt is from People v. Yearwood, 151 Cal.Rptr.3d 901, 213 Cal.App.4th 161 (Cal. App. 2013):
The trial court does not have jurisdiction over a cause during the pendency of an appeal. ( People v. Flores (2003) 30 Cal.4th 1059, 1064, 135 Cal.Rptr.2d 63, 69 P.3d 979.) A section 1170.126 petition must be filed once the judgment is final and jurisdiction over the cause has been returned to the trial court. Appellant's eligibility for recall of sentence will be determined at that point in time. Section 1170.126(b) contains a good cause exception to the two year filing period. The pendency of appellate proceedings and consequent lack of jurisdiction over the cause in the trial court would necessarily constitute good cause for a filing delay. Thus, the length of the appellate process will not foreclose prisoners whose judgments were not final on the Act's effective date from obtaining relief to which they may be entitled pursuant to section 1170.126.
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