People v. Da Silva

Defendant Da Silva was convicted of the crime of battery with serious bodily injury (Pen. Code, §§ 242-243). On his appeal in which he claimed sentencing error, the judgment of conviction was affirmed, but the cause was remanded for resentencing. The remittitur of that appeal issued January 14, 1981.

On February 3, 1981, the cause was calendared for resentencing. Rejecting court-appointed counsel, Da Silva secured a continuance to February 10, 1981, for the purpose of obtaining private counsel. Thereafter successive continuances were granted Da Silva for the same reason until, on April 16, 1981, court-appointed counsel was appointed for him. Again, a continuance was sought and granted. The matter came on for resentencing May 22, 1981, with Da Silva and his court-appointed counsel present. As best we are enabled by the record to understand those proceedings, Da Silva there objected to the superior court’s jurisdiction, for not having resentenced him within 60 days of the issuance of the earlier appeal’s remittitur. Nevertheless the court resentenced Da Silva, which sentence we are advised, has now been fully served.

The sole issue of Da Silva’s instant appeal is whether…