People v. Jackson CA3

BACKGROUND

Defendant pleaded no contest to attempted premediated murder (Pen. Code, §§ 664, subd. (a), 187, subd. (a))1 and admitted enhancement allegations that he inflicted great bodily injury (§ 12022.7, subd. (a)) and personally used a firearm in the

1 Undesignated statutory references are to the Penal Code.

1 commission of the offense (§ 12022.5, subd. (a)). In accordance with the plea, the trial court sentenced defendant to an aggregate term of 16 years in prison. Nearly seven months after his judgment was rendered, defendant filed a pro. per. petition asking the trial court to modify or strike his enhancements pursuant to Senate Bill No. 81 (2021-2022 Reg. Sess.). (Stats. 2021, ch. 721, § 1.) The trial court summarily denied the petition. Defendant appealed the denial.

DISCUSSION

Generally, “ ‘once a judgment is rendered and execution of the sentence has begun, the trial court does not have jurisdiction to vacate or modify the sentence.’ [Citations.] And, ‘[i]f the trial court does not have jurisdiction to rule on a motion to vacate or modify a sentence, an order denying such a motion is nonappealable, and any appeal from such an order must be dismissed.’ ” (People v.…