Can a motion to vacate a judgment against the attorney general be dismissed?

California, United States of America


The following excerpt is from People v. Morgan, 148 Cal.App.2d 871, 307 P.2d 717 (Cal. App. 1957):

The attorney general has moved to dismiss the appeal upon the ground that the superior court was without jurisdiction to entertain defendant's motion for the reason that he had previously appealed from the judgment and the same had been affirmed on appeal. The motion must be granted. The trial court could not entertain a motion to vacate the judgment Pen.Code 1265; People v. Ponce, 103 Cal.App.2d 271, 229 P.2d 77.

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