California v. Hampton
Annotate this CasePursuant to a stipulation by the parties made at its suggestion, the trial court vacated its earlier dismissal of an information against defendant Gary Hampton, Jr., in order to approve a plea agreement in this and other pending actions. The court placed defendant on probation, but later, it found he had violated probation and sentenced him to prison. On appeal, defendant contended the trial court lacked jurisdiction to vacate its earlier dismissal and thus could not accept his plea, place him on probation, or sentence him to prison for violating probation. The Court of Appeal agreed: no California authority vests a trial court with jurisdiction to vacate the dismissal of a criminal case upon the stipulation of the parties seeking to adopt a plea agreement. "Under California jurisdiction law, a court loses subject matter jurisdiction upon dismissing a criminal case in its entirety, and these rules prevent a court from later vacating such a dismissal, even when the vacation was sought by stipulation of the parties."
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