F086611
Cal. Ct. App.Dec 27, 2024Background
- Jordan Lee Embrey was convicted of second degree murder and false imprisonment after an incident in which his codefendant, Luna, fatally stabbed a victim during a confrontation related to alleged abuse.
- Embrey appealed his murder conviction, and the appeal was pending when he filed a petition for resentencing under former Penal Code section 1170.95 (now section 1172.6).
- The trial court denied Embrey's section 1172.6 petition for resentencing while his direct appeal was still pending.
- Embrey argued the denial of his resentencing petition was void due to lack of trial court jurisdiction during the pending appeal, and also contended errors in not granting a Marsden hearing and improper hearing procedure if the order was not void.
- The People conceded the trial court lacked jurisdiction and maintained the remaining issues were moot if the denial was void.
- The appellate court reversed the trial court's denial, finding it was void for lack of jurisdiction, and remanded for further proceedings after jurisdiction is returned.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction to deny the § 1172.6 petition while an appeal was pending | Court lacked jurisdiction | Order is void, must be vacated | Court lacked jurisdiction; order is void |
| Whether the appeal should be dismissed or the order reversed | Dismiss appeal due to lack of jurisdiction | Vacate the denial order as void | Proper course is reversal of void order |
| Whether failure to hold a Marsden hearing and procedural errors were grounds for reversal | Moot if order is void | Alternatively warrants remand | Unnecessary to address; order already void |
Key Cases Cited
- People v. Alanis, 158 Cal.App.4th 1467 (Cal. Ct. App. 2008) (action by the trial court while an appeal is pending is null and void; reversal, not dismissal, is the proper remedy for a void order)
- People v. Martinez, 31 Cal.App.5th 719 (Cal. Ct. App. 2019) (jurisdiction vests in appellate court after notice of appeal until remittitur issues; a limited remand may be requested to address resentencing petitions)
- People v. Scarbrough, 240 Cal.App.4th 916 (Cal. Ct. App. 2015) (trial court actions pending appeal are void; rule protects appellate court’s jurisdiction)
- People v. Burhop, 65 Cal.App.5th 808 (Cal. Ct. App. 2021) (trial court regains jurisdiction only after issuance of remittitur)