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· 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 CourtListener

Sourced 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.