What is the test for adding evidence to the record on a motion to amend the record to determine whether there were violations under the Criminal Code Act?

California, United States of America


The following excerpt is from Hanna v. City of Los Angeles, 212 Cal.App.3d 363, 260 Cal.Rptr. 782 (Cal. App. 1989):

Where there has been an appellate decision in a case, "the trial court is reinvested with jurisdiction of the cause, but only such jurisdiction as is defined by the terms of the remittitur. The trial court is empowered to act only in accordance with the direction of the reviewing court; action which does not conform to those directions is void." (Hampton v. Superior Court (1952) 38 Cal.2d 652, 655, 242 P.2d 1.) Since this court on the prior appeal did not direct the trial court to determine whether violations of the Act had occurred, such a determination would have been in excess of the trial court's jurisdiction on remand and void. Therefore, the trial court did not err in denying appellants' petition to augment the record with further evidence on that issue.

Page 790

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