Does a judge have jurisdiction to resentence a criminal defendant after execution of sentence has begun?

California, United States of America


The following excerpt is from People v. Navarrete, C081062 (Cal. App. 2017):

" '[G]enerally, a trial court lacks jurisdiction to resentence a criminal defendant after execution of sentence has begun. [Citation.]' [Citations.] There are few exceptions to the rule." (People v. Turrin (2009) 176 Cal.App.4th 1200, 1204.) No recognized exception applies here, as the trial court did not recall the sentence within 120 days of commitment of defendant to prison and defendant has not and cannot reasonably argue that the restitution fine was not authorized or was the product of clerical error. (See id. at pp. 1205-1207.) Hence, the trial court was without jurisdiction to waive or modify the restitution fine. (Id. at p. 1208.)

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