People v. Kirkpatrick

In People v. Kirkpatrick (1991) 1 Cal.App.4th 538, the defendant falsely informed the trial court that he had been awarded the Silver Star, a high military distinction, and the trial court relied on this misrepresentation in imposing the middle term for the defendant's offense. (Id. at pp. 541-542.) After the sentence had been entered in the minutes of the court and the defendant had noticed an appeal, the trial court discovered the falsehood and tried to resentence the defendant. (Ibid.) The appellate court concluded that the entry of the original sentence in the court minutes eliminated the trial court's authority to modify the sentence, and that the notice of appeal removed the trial court's jurisdiction over the matter. (Id. at pp. 543-545.)