What is the effect of filing a Notice of Appeal before the Court of Appeal?

California, United States of America


The following excerpt is from Martinez v. Appellate Div. of Superior Court, G058334 (Cal. App. 2020):

Generally, "[t]he filing of a valid notice of appeal vests jurisdiction of the cause in the appellate court until determination of the appeal and issuance of the remittitur" (People v. Perez (1979) 23 Cal.3d 545, 554) and "divests the trial court of subject matter jurisdiction." (People v. Nelms (2008) 165 Cal.App.4th 1465, 1471 (Nelms); accord, People v. Cunningham (2001) 25 Cal.4th 926, 1044 ["'an appeal from an order in a criminal case removes the subject matter of that order from the jurisdiction of the trial court'"].) While an appeal is pending, "'the court lacks jurisdiction to vacate the judgment or make any order affecting it'" and any such "'action by the trial court while the appeal is pending is null and void.'" (Nelms, at p. 1471.)

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