Does the trial court have jurisdiction to grant a motion for reconsideration while the appeal is pending?
California, United States of America
The following excerpt is from People v. Cervantes, A144899 (Cal. App. 2016):
1. By this holding, we express no opinion regarding the propriety of the trial court's entertainment of the motion for reconsideration while the instant appeal was pending. (See, e.g. People v. Scarbrough (2015) 240 Cal.App.4th 916, 929 [trial court lacked jurisdiction to recall sentence and to resentence pursuant to 1170.18 while appeal pending).)
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