Can a defendant appeal against a conviction for receiving a stolen vehicle for the same crime in a separate criminal case?

California, United States of America


The following excerpt is from People v. Curtis, C082470 (Cal. App. 2017):

The pendency of defendant's appeal deprived the trial court of jurisdiction to rule on defendant's petitions as to either case. Defendant did not just seek to change the felony designation of his conviction for receiving a stolen vehicle in the earlier case. He petitioned for "recall of sentence" and resentencing in the earlier case. ( 1170.18, subd. (a).) A defendant may be convicted in multiple cases but still receives a single indivisible sentence. (See 1170.1, subd. (a); People v. Hill (1986) 185 Cal.App.3d 831, 834 ["an aggregate prison term is not a series of separate independent terms, but one term made up of interdependent components"].) While defendant's conviction for receiving a stolen vehicle in the earlier case was final when he filed his section 1170.18 petitions, his sentence was not. Accordingly, "the trial court lacked jurisdiction to recall defendant's sentence and to resentence him pursuant to section 1170.18 while this appeal was

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