People v. Hernandez

Opinion

LILLIE, P. J.

The trial court found defendant guilty of two counts of assault with a firearm, and to be true the use allegations. On probation hearing and sentence the court granted defendant’s motion for new trial, but two days later, on its own motion, vacated the order, set the motion for hearing and, after taking testimony and hearing argument, denied the same and sentenced defendant to state prison. He appeals from the judgment.

The sole appellate issue is whether the trial court, once having granted the motion for new trial, had jurisdiction to vacate its order, rehear the motion…