People v. Carriedo CA2/6

DISCUSSION

The passage of Proposition 47 created section 1170.18, which allows any defendant "currently serving a sentence for a conviction . . . of a felony or felonies who would have been guilty of a misdemeanor under [Proposition 47] had [it] been in effect at the time of the offense [to] petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case [and] to request resentencing . . . ." (§ 1170.18, subd. (a).) Certain theft-related offenses are among the crimes subject to redesignation and resentencing under Proposition 47. (Ibid.) A trial court, however, lacks jurisdiction to hear a petition for resentencing if the defendant has a pending appeal from the judgment. (Scarbrough, supra, 240 Cal.App.4th at pp. 920, 929.) "Neither the language nor intent of section 1170.18 or Proposition 47 . . . creates an exception to the general rule that a trial court may not issue an order affecting a judgment while an appeal is pending." (Id. at pp. 922, 929.) The court in Scarbrough rejected the defendant's argument that judicial economy would be promoted by allowing concurrent jurisdiction in such cases. It determined that…