People v. Superior Court (Cornelius)

In People v. Superior Court (Cornelius) (1995) 31 Cal.App.4th 343, Cornelius, sentenced to prison in 1991, filed a "motion for reduction in sentence" in 1993 on various grounds. (Cornelius, supra, 31 Cal.App.4th at p. 345.) The trial court vacated Cornelius's sentence and granted probation. (Ibid.) The People sought relief in the court of appeal in what that court deemed to be a writ of mandate proceeding, and the court of appeal, relying on Karaman, held that "under the common law rule, the trial court lost jurisdiction over Cornelius when it remanded her into custody for service of the prison term imposed." (Cornelius, supra, 31 Cal.App.4th at p. 348.) The court also noted that "notwithstanding the common law rule discussed ante, statutorily the jurisdiction of the trial court to mitigate the sentence is extended an additional 120 days by section 1170, subdivision (d)," but that period had expired before the trial court's order vacating the sentence. (Ibid.) The appellate court vacated the trial court's order and remanded Cornelius to the Department of Corrections. (Id. at p. 349.)