People v. Superior Court (Cornelius)

The People of the State of California seek a writ of prohibition, which we have deemed a petition for a writ of mandate, directing respondent Superior Court of the State of California, for the County of Los Angeles, (1) to set aside its order of May 6, 1994, by which it vacated a state prison sentence pronounced on June 4, 1991, and granted probation to real party in interest, Sara Mae Cornelius, and (2) to remand Cornelius to the custody of the Department of Corrections for service of the term imposed.

Because the trial court lacked jurisdiction on May 6, 1994, to modify the judgment pronounced on June 4, 1991, the petition is granted.

Factual and Procedural Background

On April 1, 1991, Cornelius was convicted after court trial of assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).)

On June 4,1991, the trial court sentenced Cornelius to serve a term of two years in state prison, ordered her remanded into custody forthwith, exonerated the bail she previously had posted and set bail on appeal in the amount of $10,000. That same day Cornelius posted a bond securing the bail on appeal.

This court affirmed the judgment in full in an unpublished opinion filed…