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

California, United States of America


The following excerpt is from People v. Solis, C075802 (Cal. App. 2016):

"Subject to limited exceptions, well-established law provides that the trial court is divested of jurisdiction once execution of a sentence has begun. [Citation.] And, '[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.' [Citations.] This rule protects the appellate court's jurisdiction by protecting the status quo so that an appeal is not rendered futile by alteration. [Citations.] As a result of this rule, the trial court lacks jurisdiction to make any order affecting a judgment, and any action taken by the trial court while the appeal is pending is null and void. [Citation.]" (People v. Scarbrough (2015) 240 Cal.App.4th 916, 923.)

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