What is the effect of filing a Notice of Appeal before the Superior Court of Appeal?

California, United States of America


The following excerpt is from People v. Martin, G051610 (Cal. App. 2016):

"Generally, the filing of a notice of appeal vests jurisdiction in the appellate court and divests the trial court of jurisdiction to make any order affecting the judgment. [Citations.] '"Because an appeal divests the trial court of subject matter jurisdiction, the court lacks jurisdiction to vacate the judgment or make any order affecting it. [Citations.]"'" (People v. Espinosa (2014) 229 Cal.App.4th 1487, 1496, italics added.) "'The purpose of the rule depriving the trial court of jurisdiction pending appeal "'is to protect the appellate court's jurisdiction by preserving the status quo until the appeal is decided. The rule prevents the trial court from rendering an appeal futile by altering the appealed judgment . . . by conducting other proceedings that may affect it.' [Citation.]"' [Citations.]" (Ibid.)

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