Statute · California Penal Code
Cal. Penal Code § 1265 — Judgment Upon Appeal
Cal. Penal Code § 1265
- Type
- Statute
- Source
- California Penal Code
- Jurisdiction
- California
- Date
- 1992-07-07
- Current through
- Nov 2, 2026 (California Legislative Counsel)
(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.…
Citator
Cal. Penal Code § 1265 — Judgment Upon Appeal is in force in the current edition of the Code, and nothing recorded condemns it.
(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.