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PEOPLE v. ROE

Docket No. 15157.

148 Cal.App.3d 112 (1983)

195 Cal. Rptr. 802

THE PEOPLE, Plaintiff and Respondent, v. RAYMOND D. ROE, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

October 19, 1983.

Attorney(s) appearing for the Case

COUNSEL

Gary M. Bubis, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, A. Wells Petersen and Pat Zaharopoulos, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WIENER, J.

In this case we examine the nature of the 120-day limitation on a trial court's authority to recall a sentence and commitment on its own motion and resentence a defendant. (Pen. Code, § 1170, subd. (d).)1 We conclude that limitation is jurisdictional, and thus the lower court lacked authority to resentence the defendant, Raymond D...

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