California, United States of America
The following excerpt is from People v. Alkins, G048643 (Cal. App. 2014):
while an appeal is pending is null and void. [Citations.] Indeed, "[s]o complete is this loss of jurisdiction effected by the appeal that even the consent of the parties has been held ineffective to reinvest the trial court with jurisdiction over the subject matter of the appeal and that an order based upon such consent would be a nullity." [Citation.]' [Citation.] [] 'The purpose of the rule depriving the trial court of jurisdiction pending appeal "'is to protect the appellate court's jurisdiction by preserving the status quo until the appeal is decided. The rule prevents the trial court from rendering an appeal futile by altering the appealed judgment . . . by conducting other proceedings that may affect it.' [Citation.]"' [Citation.] [] There are, however, exceptions to the general rule. The trial court retains jurisdiction to vacate a void, but not a voidable, judgment. [Citation.] 'A judgment is void rather than voidable only if the trial court lacked subject matter jurisdiction.' [Citation.] The trial court also retains jurisdiction to correct clerical errors in the judgment [citation] or to correct an unauthorized sentence [citation]. Finally, under section 1170, subdivision (d), the trial court retains jurisdiction to recall a sentence in a criminal matter and to resentence the defendant notwithstanding the pendency of an appeal. [Citation.]" (People v. Nelms (2008) 165 Cal.App.4th 1465, 1471-1472.)
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