California Court of Appeal

Conviction of possessing methamphetamine and cocaine for sale and firearm-related crimes is reversed where the record establishes the trial court lacked jurisdiction to: 1) recall defendant's sentence to permit him to withdraw his plea; 2) conduct a court trial; and 3) enter a new judgment. Accordingly, those actions and the resulting judgment are nullities and void.

Appellate Information

• Decided 01/16/2008
• Published 01/16/2008

Judges

• RUSHING, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• William Robinson, and Paul Couenhoven, under appointment by the Court of Appeal for Appellant, Santa Clara, for Defendant and Appellant Efrain Guido Alanis., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Martin S. Kaye, Supervising Deputy Attorney General, Christopher W. Grove, Deputy Attorney General, for Plaintiff and Respondent The People.