P. v. Hall
Appellant Floyd Shunday Hall was convicted of carjacking by a jury and sentenced to 23 years in state prison. Appellant appealed, claiming that the trial court erred in finding that his out-of-state prior conviction met the statutory requirements for a strike or prior serious felony enhancement under California law. We reversed in part and affirmed in part, ordering the trial court to strike both the prior out-of-state strike and serious prior felony conviction enhancement, and to issue an amended abstract of judgment. (People v. Hall (Mar. 28, 2008, A115416 [nonpub. opn.].) On remand, appellant requested that the trial court reconsider a grant of probation on the theory that the newly stricken out-of-state prior conviction was the only reason probation had been previously denied. Citing lack of jurisdiction to modify the disposition of the Court of Appeal, the trial court denied the request. From this denial, appellant now appeals, contending that the trial court did in fact have jurisdiction to grant probation. Court affirm.
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