People v. Kennedy CA1/1

Filed 8/30/22 P. v. Kennedy CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

A162621

v. MICHAEL D. KENNEDY, (Solano County Super. Ct. No. VCR233950 & Defendant and Appellant. VCR227041)

Under former Penal Code section 1170, subdivision (d) 1, a trial court has 120 days to recall a sentence on its own motion. After that, it loses jurisdiction. Appellant Michael D. Kennedy was sentenced to an aggregate term of seven years in state prison after the trial court revoked his probation. On the 119th day after he was sentenced, appellant filed a “Motion to Request a Recall of Sentence” asking the trial court to recall and modify his sentence pursuant to section 1170, subdivision…