Jan. 9, 2023 – People v. Cress (4th Dist., Div. 2, E079484)

The Court of Appeal affirms the dismissal of defendant’s second PC 1172.6 petition, which defendant filed while the denial of his first petition was still pending on appeal. The court holds that, while a trial court lacks jurisdiction to grant a petition while an appeal is pending, a trial court may dismiss a petition because a dismissal does not affect the judgment pending on appeal. The court further finds that any error in dismissing the second petition was harmless because the dismissal does not bar further proceedings on the first petition or the refiling of a second petition after the first petition is decided.