· 9/16/1891
People ex rel. Robarts v. Beaudry
Citations
- 91 Cal. 213
- 27 P. 610
- 1891 Cal. LEXIS 1073
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the trial court “lacked jurisdiction” to consider a late post- conviction motion, and stating that “when a trial court is presented with a motion it lacks jurisdiction to decide, the trial court should dismiss the motion rather than deny it”
- noting that when a trial court is presented with a motion it lacks jurisdiction to decide, the trial court should dismiss the motion rather than deny it
- providing that although a trial court should \dismiss\ rather than \deny\ a motion it lacks jurisdiction to consider, we will vacate only when the court considers the merits of that motion
- discussing the disposition of appeals of trial court orders that improperly rule on the merits of a criminal defendant’s motion
- “Because the trial court decided the merits of a motion it lacked jurisdiction to decide, we vacate the trial court’s order and remand with instructions to dismiss.”
- motion to withdraw guilty plea must be filed within same term of court as the judgment entered on the guilty plea
Source: CourtListener parenthetical corpus (CC0).
Judges: Belcher, Paterson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.