(a)After the certificate of the judgment has been remitted to the court below, the appellate court has no further jurisdiction of the appeal or of the proceedings thereon, and all orders necessary to carry the judgment into effect shall be made by the court to which the certificate is remitted. However, if a judgment has been affirmed on appeal no motion shall be made or proceeding in the nature of a petition for a writ of error coram nobis shall be brought to procure the vacation of that judgment, except in the court which affirmed the judgment on appeal. When a judgment is affirmed by a court of appeal and a hearing is not granted by the Supreme Court, the application for the writ shall be made to the court of appeal.
(b)Where it is necessary to obtain personal jurisdiction of the defendant in order to carry the judgment into effect, upon a satisfactory showing that other means such as contact by mail, phone, or notification by means of the defendant’s counsel have failed to secure the defendant’s appearance, the court to which the certificate has been remitted may issue a bench warrant.
Notes of Decisions
Cited in
28
cases (
3 in the last 5 years), 1951–2025 · leading case:
People v. Dutra, 145 Cal. App. 4th 1359 (Cal. Ct. App. 2006).
People v. Dutra, 145 Cal. App. 4th 1359 (Cal. Ct. App. 2006).
· cites it 2× “" (Pen.Code, § 1265, italics added.) Thus, the trial court is revested with jurisdiction of the case, but only to carry out the judgment as ordered by the appellate court.”
People v. Villa, 202 P.3d 427 (Cal. 2009).
“) 4 For example, it is a felony for “[a]ny person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country” to “own[], purchase^, receive[], or [have] in his or her possession or under his or her…”
People v. Martinez, 10 Cal. App. 5th 686 (Cal. Ct. App. 2017).
“’ (Pen. Code, § 1265, italics added.) Thus, the trial court is revested with jurisdiction of the case, but only to carry out the judgment as ordered by the appellate court.”
In re Wessley W., 125 Cal. App. 3d 240 (Cal. Ct. App. 1981).
· cites it 2× “2d 372 ]; Pen. Code, § 1265 6 ) which in the instant case is the appellate department of the superior court.”
People v. Ainsworth, 217 Cal. App. 3d 247 (Cal. Ct. App. 1990).
“” Penal Code section 1265 states in relevant part: “After the certificate of the judgment has been remitted to the court below, the appellate court has no further jurisdiction of the appeal or of the proceedings thereon, and all orders necessary to carry the judgment into effect…”
People v. Allenthorp, 414 P.2d 372 (Cal. 1966).
· cites it 2× “) As amended in 1949, however, Penal Code section 1265 specified that after affirmance of a judgment on appeal, a petition in the nature of a writ of error coram nobis must be brought in the court which affirmed the judgment.”
People v. Wadkins, 403 P.2d 429 (Cal. 1965).
“Code, § 1018), both motions to vacate the judgment and petitions in the nature of coram nobis may be addressed to the trial court after judgment, if there has been no affirmance on appeal (Pen. Code, § 1265). Thus, if the petition, which was here addressed to the trial court,…”
People v. Dunlop, 227 P.2d 281 (Cal. Ct. App. 1951).
“(Pen. Code, § 1265; amended Stats. 1949, ch.”
People v. Griggs, 431 P.2d 223 (Cal. 1967).
“(Pen. Code, § 1265.) 2 TMs does not mean that the First District had jurisdiction of the appeal.”
Gardella v. Field, 291 F. Supp. 107 (C.D. Cal. 1968).
· cites it 2× “Cal.Pen.Code § 1265 ; 11 People v. Griggs, supra at 315 fn.”
People v. Gordon, 229 Cal. App. 3d 1523 (Cal. Ct. App. 1991).
““Although a motion to change a plea of guilty must ordinarily be made before judgment is pronounced (Pen.”
People v. Brady, 30 Cal. App. 3d 81 (Cal. Ct. App. 1973).
“(Pen. Code, § 1265.) Petitioner appealed, and we have treated the appeal as an original proceeding in this court for a writ of error coram vobis; the writ of coram vobis is essentially identical to the writ of coram nobis except the latter is addressed, to the court in which the…”
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