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PEOPLE v. LOCKRIDGE

Docket No. D015858.

12 Cal.App.4th 1752 (1993)

16 Cal. Rptr.2d 340

THE PEOPLE, Plaintiff and Appellant, v. GINA MARIE LOCKRIDGE, Defendant and Respondent.

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

February 2, 1993.

Attorney(s) appearing for the Case

COUNSEL

Edwin L. Miller, Jr., District Attorney, Thomas F. McArdle and Craig E. Fischer, Deputy District Attorneys, for Plaintiff and Appellant.

Jan Stiglitz, under appointment by the Court of Appeal, for Defendant and Respondent.

OPINION

FROEHLICH, J.

In this appeal we address the court's power under Penal Code1 section 1170, subdivision (d), to recall a prison sentence and impose a new and different sentence. This power may be exercised by the court only within 120 days of the date of original prison commitment. The court has no discretion or power to extend this 120-day period...

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