Can the prosecution appeal against a finding that a trial court has acted in excess of its jurisdiction to act under section 1170 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Montellano, 252 Cal.Rptr.3d 100, 39 Cal.App.5th 148 (Cal. App. 2019):

a trial court has acted in excess of its jurisdiction and the need for such review outweighs the risk of harassment of the accused. [Citations.] Mandate is not available to the prosecution for review of "ordinary judicial error" [citation] or even "egregiously erroneous" orders [citations] .... ( People v. Superior Court (Stanley ) (1979) 24 Cal.3d 622, 625-626 [156 Cal.Rptr. 626, 596 P.2d 691], fn. omitted.)" ( Id. at p. 988, 170 Cal.Rptr.3d 763.) According to the court in Martinez , the trial court's order finding defendant eligible for resentencing in that case exceeded the court's jurisdiction to act under section 1170.126 and was therefore subject to writ review, regardless of whether that determination was also appealable. ( Id. at pp. 988-989, 170 Cal.Rptr.3d 763.)

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