California, United States of America
The following excerpt is from People v. Santana, B296399 (Cal. App. 2019):
The appeal must be dismissed because the court's order was beyond the trial court's jurisdiction and was therefore not appealable. " '[G]enerally a trial court lacks jurisdiction to resentence a criminal defendant after execution of sentence has begun. [Citation.]' [Citations.] There are a few exceptions to the rule. [] [Penal Code] [s]ection 1170, subdivision (d), provides, in relevant part, that a trial court may recall the sentence on its own motion within 120 days after committing a defendant to prison. [Citation.] Section 1170, subdivision (d), does not authorize a defendant to file a motion to recall the sentence. [Citation.] [] A trial court may correct a clerical error, but not a judicial error, at any time." (People v. Turrin (2009) 176 Cal.App.4th 1200, 1204-1205 (Turrin).) "Also, an unauthorized sentence may be corrected at any time." (Id. at p. 1205.)
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