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Perez v. Superior Court CA4/3
Petitioner Jorge Perez filed a petition for writ of mandate/prohibition challenging respondent court’s order vacating his plea and sentence and reinstating criminal proceedings. The petition is granted. With respect to the judgment, the District Attorney concedes that once the respondent court pronounced judgment and execution of the sentence commenced by remanding petitioner to the custody of the Department of Corrections and Rehabilitation, the court was without authority to vacate or in any way modify the judgment. With respect to the sentence, the District Attorney also concedes the respondent court may recall the sentence, but any order resentencing petitioner is statutorily limited to a sentence no greater than the initial sentence. Accordingly, we order respondent court to vacate its order granting the District Attorney’s Motion for Reconsideration of Sentence, and order the court to enter a new and different order denying the motion. Respondent court is further ordered

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