SAUNOA
People v. SAUNOA
Opinion
Opinion
Boland, J.
INTRODUCTION
Appellant Pesamino Saunoa challenges his forcible oral copulation convictions on several grounds, including the trial court’s lack of jurisdiction to retry him prior to the issuance of the remittitur following his prior appeal. We conclude the trial court was without jurisdiction, and all proceedings conducted prior to the issuance of the remittitur, including appellant’s retrial, were void.
BACKGROUND AND PROCEDURAL HISTORY
Appellant resided at a motel in Wilmington. In February 2003, he forcibly orally copulated two fellow residents. A jury convicted appellant of three counts of forcible oral copulation and acquitted him of one count of forcible sexual penetration with a foreign object. The jury also found true a multiple victims allegation. Appellant admitted all prior conviction allegations. The court sentenced appellant to two third-strike terms of 45 years to life, and one third-strike term of 25 years to life, plus two 5-year Penal Code section 667, subdivision (a)(1) enhancements, for a total term of 125 years to life.
Appellant appealed on the ground the trial court improperly terminated his self-representation. We found appellant’s contention…