People v. Clinton

FILES, P. J.

The question presented is whether multiple sentencing, in violation of Penal Code section 654, may be corrected, long after the judgment has become final, upon motion made in the court which pronounced judgment. Our conclusion is that the sentencing court has no continuing jurisdiction for this purpose.

The record shows that, after a jury trial, defendant was convicted in the Superior Court of Los Angeles County on three counts of a consolidated information which charged the following offenses:

(I) Assault with intent to commit rape upon Rose Mathews on February 12, 1961 (Pen. Code, § 220);

(II) Burglary, in that defendant entered a building occupied by Rose Mathews on February 12, 1961, with the intent to commit felonies (Pen. Code, § 459) ;

(III) Murder of Rose Matthews

[sic]

on May 26, 1961 (Pen. Code, § 187).

The jury found the burglary to be of the first degree and the murder to be of the second degree.

In his motion defendant states that on February 12, 1961, he entered the home of the victim and attempted to rape her. When she resisted defendant struck her. Shortly afterwards defendant was arrested and charged with burglary and assault. On May 26 the victim died. A new information was then filed (and later consolidated with the earlier one) charging murder upon the theory that the blows struck on February 12 caused the death.

On October 25, 1961, the court sentenced defendant to be imprisoned in the state prison for the term prescribed by law on each count, the terms to run consecutively.

No appeal was taken from this judgment.

On July 27, 1965, defendant filed in the Superior Court of Los Angeles County a motion to vacate the judgment upon the ground that the sentence was excessive under Penal Code section 654.

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The document stated that defendant was then incarcerated in Folsom State Prison, which is located in Sacramento County, California.

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