Lockridge

In this appeal we address the court’s power under Penal Code 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 court of its power, pending the appeal, to recall the sentence and impose a new and different sentence. A related issue is whether the running of the 120-day period is tolled by the filing of an appeal.

Our conclusion is that although the trial court loses jurisdiction for most purposes upon the filing of an appeal, it is not deprived of its power to recall its sentence and impose a new sentence under section 1170, subdivision (d). Accordingly, the filing of a notice of appeal does not toll the running of the 120-day period, and after the expiration of same the court loses jurisdiction to recall and…