Legal Opinion

In Re Walters

California Court of Appeal

Decided November 9, 1995No. C020240PublishedCited by 3 opinions

1Opinion of the Court

Opinion

PUGLIA, P. J.

Petitioner seeks a writ of habeas corpus vindicating his claim the Sacramento Superior Court lacked jurisdiction to sentence him in absentia under Penal Code section 1203.2a. We hold that under section 1203.2a the superior court must impose sentence within 30 days of receipt of a prisoner’s request to be sentenced in absentia, failing which, the superior court loses jurisdiction. As a consequence of our holding, petitioner is entitled to a writ.

I

On January 27, 1994, the superior court suspended imposition of judgment and sentence on petitioner’s plea of no contest to…

2Cases cited38 opinions

  1. Lungren v. DeukmejianCalifornia Supreme Court · 1988
  2. People v. PopeCalifornia Supreme Court · 1979
  3. People v. WoodheadCalifornia Supreme Court · 1987
  4. In Re HarrisCalifornia Supreme Court · 1993
  5. People v. WelchCalifornia Supreme Court · 1993

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3Cited by3 opinions

  1. In Re HoddinottCalifornia Supreme Court · 1996
  2. Freeman v. Wal-Mart Stores, Inc.California Court of Appeal · 2003
  3. People v. MurrayCalifornia Court of Appeal · 2007

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