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Name: People v. Smith
Case #: C099523
Opinion Date: 20240816
Attorney: John Schuck
Summary

The Court of Appeal agreed with the parties that appellant was improperly induced into his plea by an illusory promise that he would retain the right to appeal any issue occurring from the initiation of his prosecution to prior to entering the plea agreement. The parties and the trial court cannot, by a plea agreement, expand the jurisdiction of the appellate court and make an issue cognizable on appeal when it has been waived by a plea of no contest. A defendant waives most pre-plea issues on appeal upon entering into a plea agreement. The Court of Appeal ordered the judgement reversed and remanded so as to allow appellant to withdraw his plea if he so chooses.