People v. Lockridge

Opinion

FROEHLICH, J.

In this appeal we address the court’s power under Penal Code 1 section 1170, subdivision (d), to recall a prison sentence and impose a new and different sentence. This power may be exercised by the court only within 120 days of the date of original prison commitment. The court has no discretion or power to extend this 120-day period, its jurisdiction to recall the sentence expiring upon the termination of the period. (People v. Roe (1983) 148 Cal.App.3d 112, 117 [195 Cal.Rptr. 802].) The question here presented is whether the filing of a notice of appeal deprives the trial…