People v. Allen CA2/7

DISCUSSION

Allen and the Attorney General agree, as do we, that his sentence must be vacated because the trial court lacked jurisdiction when it resentenced him before the Court of Appeal issued the remittitur. “The filing of a valid notice of appeal transfers jurisdiction of a cause to the appellate court until the issuance of the remittitur. [Citation.] Remittitur transfers jurisdiction from the appellate court to the court whose decision was reviewed. [Citation.] ‘Until remittitur issues, the lower court cannot act upon the reviewing court’s decision; remittitur ensures in part that only one court has jurisdiction over the case at

2 any one time.’ [Citation.]” (People v. Saunoa (2006) 139 Cal.App.4th 870, 872.) We vacate the sentence and remand for resentencing. Allen also argues that his sentence must be vacated because he was represented by counsel with a conflict of interest and because the trial court neither obtained a supplemental probation report pursuant to California Rules of Court, rule 4.411(c) nor a waiver of that requirement prior to resentencing him. As we have already concluded that the sentence must be vacated because the court lacked jurisdiction over Allen…