Chapter 7 – Adult Case Records Information

73040.3 Decisions and Orders General Directives

• Unless otherwise stated in the opinion or order, decisions of the Court of Appeal in criminal matters are generally final 60 days after filed. The Court of Appeal is one court and is divided into six geographic districts.

• Decisions of the Supreme Court are generally final 30 days after filed.

• A copy of unpublished Appellate or Supreme Court opinion received in headquarters shall be reviewed by a Correctional Case Records Administrator, and provided to the facility or Parole Case Records (PCR) as applicable, for appropriate disposition or follow-up with the trial court (superior court) or Court of Appeal until the opinion is final.

• Published opinions become case law and shall be evaluated by Case Records Services, which, if needed, shall update instructions by an Administrative Bulletin, revision to this manual or regulation change.

• A Court of Appeal decision that reverses a “judgment” on appeal is remitted (jurisdiction returned) to the superior court on the date the Court of Appeal’s decision becomes final.

• A reversal of “judgment” on appeal in a criminal case is deemed an order for new trial, unless otherwise directed [reference: Penal Code (PCPenal Code) section 1262]. The District Attorney (DA) will usually bring the case to trial within 60 days after the reversal is final (PCPenal Code section 1382).

• Removal of an incarcerated person from departmental custody by the sheriff after reversal on appeal does not act as a discharge from departmental records until confirmation from the court or Attorney General’s (AGAttorney General’s) Office is received.

• If a defendant is on parole, departmental jurisdiction ceases on the date the decision of reversal is final. If the defendant is returned from court with a new commitment, issue a new CDCRCalifornia Department of Corrections and Rehabilitation number. The old departmental CDCRCalifornia Department of Corrections and Rehabilitation numbers can be reactivated upon approval of the Chief, Case Records Services.

• A judgment may be reversed in whole or in part and the order of reversal may include specific instructions to the trial court. Judgments may be affirmed and the matter remanded to the superior court for the limited purpose of re-sentencing.

• In those instances where a person is removed from departmental custody and the superior court order or Appellate Court opinion reflects that the judgment is affirmed but the sentence is reversed for the limited purpose of re-sentencing, the case will remain under departmental jurisdiction as out-to-court (OTCOut To Court).

• The Correctional Case Records Manager (CCRMCorrectional Case Records Manager), or designee, shall contact the trial court the day after the scheduled court hearing to determine the status of the case if the defendant has not been returned to departmental custody. If the court order does not list the scheduled court hearing date, the initial follow-up contact shall be completed one week after the date of release to the Sheriff’s Office. If an incarcerated person is returned from OTCOut To Court, Case Records staff shall contact the court as necessary, ascertain case disposition, and obtain required certified documents.

• The Court of Appeal may modify a judgment by striking a count per PCPenal Code section 654 or striking an improper penalty or enhancement.

• In these instances, where a trial court can do nothing about the sentence as modified by the Court of Appeal, the legal status shall be changed in accordance with the opinion upon receipt of a certified copy of the remittitur from the Court of Appeal.