P. v. McNulty CA4/1
Barron M. McNulty appeals from an April 2016 judgment granting his March 2016 petition for resentencing under Penal Code section 1170.18, subdivision (a). Although the trial court granted McNulty's petition and resentenced him, the court sentenced McNulty to the same aggregate term as his previous sentence. While McNulty's appeal from the April 2016 judgment was pending, we directed the parties to file supplemental briefing concerning whether the trial court had jurisdiction to rule on McNulty's March 2016 petition for resentencing given that, at the time the court granted the petition, McNulty's appeal of a prior petition for resentencing (§ 1170.18, subd. (a)) was pending in this court (People v. McNulty (June 6, 2016, D068554) [nonpub. opn.]).
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