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Name: People v. De La Rosa Burgara (2023) 97 Cal.App.5th 1054
Case #: H049363
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/13/2023

The changes made by Senate Bill No. 567 to Penal Code section 1170(b) apply retroactively to convictions reached by plea agreements providing for a stipulated sentence. As part of a negotiated plea agreement, defendant pleaded no contest to charges of assault with a deadly weapon and hit-and-run driving resulting in permanent, serious injury after he purposely hit a person with his car. The trial court sentenced him to an aggregate stipulated sentence of eight years in prison, which included a four-year upper term for his conviction for assault with a deadly weapon. On appeal, defendant argued the postsentencing enactment of…

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Name: People v. Hall (2023) 97 Cal.App.5th 1084
Case #: A165406
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 12/13/2023

Senate Bill No. 567’s amendments to Penal Code section 1170(b)(1) do not require the prosecution to “plead” aggravating factors that it intends to urge at sentencing. In 2022, defendant pleaded no contest to two counts of committing lewd or lascivious acts on a child under the age of 14 years (§ 288(a)). At sentencing, the court found no mitigating factors and seven aggravating factors set forth in California Rules of Court, rule 4.421, and sentenced defendant to 10 years in prison, which included the upper term on one of the two counts. On appeal, defendant argued the aggravating factors found…

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Name: People v. Coddington (2023) 96 Cal.App.5th 562
Case #: A166124
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 10/17/2023

Defendant who was resentenced under Penal Code section 1172.75 (to strike prior prison term enhancement) was entitled to a full resentencing, but further reductions of his sentence under other recent ameliorative legislation may require setting aside his guilty plea under Stamps. In May 2017, as part of a negotiated plea, defendant pleaded guilty to a felony offense with enhancements. In 2022, the trial court granted defendant’s motion under section 1172.75 to vacate his prior prison term enhancement and reduced his sentence by one year. On appeal, he argued that the trial court failed to provide him with a full sentencing…

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Name: People v. Marquez (2023) 93 Cal.App.5th 704
Case #: D080411
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 07/18/2023

People v. Arbuckle (1978) 22 Cal.3d 749, does not require the same judge who approves a plea bargain also determine the amount of victim restitution. Marquez pleaded guilty to several offenses and was sentenced to a prison term. A hearing on victim restitution was held several months later before a different judge. At the hearing, Marquez objected because she had not signed an Arbuckle waiver. The judge overruled the objection and ordered her to pay victim restitution. She appealed. Held: Affirmed. In Arbuckle, the court was concerned with preserving a defendant’s “reasonable expectation” that the same judge who approves a plea…

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Name: People v. Prudholme (2023) 14 Cal.5th 961
Case #: S271057
Court: CA Supreme Court
Opinion Date: 06/26/2023

Opinion by: Justice Corrigan (unanimous decision)

Assembly Bill No. 1950 applies retroactively to all nonfinal cases. In 2018, defendant was charged with second degree robbery and faced a maximum sentence of five years in prison. Pursuant to a negotiated disposition, defendant pleaded to second degree burglary in exchange for dismissal of the robbery count and imposition of a three-year probationary term. While the appeal was pending, AB 1950 reduced the maximum length of probation for most felonies to two years, effective 1/1/21. The Court of Appeal concluded the probation limit applied to defendant retroactively but that People v. Stamps (2020) 9 Cal.5th 685 required…

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Name: People v. Fox (2023) 90 Cal.App.5th 826
Case #: A165462
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 04/20/2023

Defendant who agreed to serve the upper term under a plea agreement is entitled to a remand to seek relief under Senate Bill No. 567 and the procedure set forth in People v. Stamps (2020) 9 Cal.5th 685 applies on remand. Fox was charged with eight felony counts, including two counts of attempted murder and several firearm enhancements, exposing him to a life sentence. He pleaded guilty and agreed to the upper term of 5 years for robbery plus 10 years for a firearm enhancement. After a remand for resentencing, Fox unsuccessfully moved for the trial court to exercise its…

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Name: People v. Richardson
Case #: A157529
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 06/10/2021

Defendant's negotiated no contest plea, which was based on a legal impossibility, must be vacated and there is no prohibition against a more severe sentence upon remand. In November 2018, Richardson was charged by information with seven felonies, including human trafficking (Pen. Code, § 236.1, subd. (b)). Although all parties understood that the victim was an adult at the time of the offenses, an amended information was filed adding a count alleging human trafficking of a minor for a sex act (§ 236.1, subd. (c)(1)) because the sentencing triad for that offense is less than that for human trafficking. Johnson…

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Name: People v. Stamps
Case #: S255843
Court: CA Supreme Court
District CalSup
Opinion Date: 06/25/2020

Opinion By: Justice Corrigan (unanimous decision)
Defendant who entered a plea agreement for a specified term was not required to obtain a certificate of probable cause to claim on appeal that a new law applied to him retroactively. Stamps pleaded guilty to one count of first degree burglary and admitted a prior serious felony conviction (Pen. Code, § 667, subd. (a)) for a stipulated nine-year prison sentence. He was sentenced in January 2018 according to the plea bargain, filed a notice of appeal, and sought a certificate of probable cause (CPC), which the trial court denied. In September…

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Name: People v. Patton
Case #: D074344
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/06/2019

Appellate waiver did not prevent defendant from challenging electronic search condition on appeal without a certificate of probable cause. Defendant pleaded guilty to felony grand theft of personal property (Pen. Code, § 487, subd. (a)) after he and three others stole electronic devices, including three iPhones and two Apple watches, from a store. As part of the plea deal, defendant agreed to "give up my right to appeal . . . any sentence stipulated herein." The plea form stated, "As conditions of probation I may be given . . . conditions deemed reasonable by the Court." At…

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Name: People v. John
Case #: E070022
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/12/2019

A plea of guilty cannot be combined with a plea of not guilty by reason of insanity to the same charges. Defendant was charged with felony offenses and agreed to plead guilty to all counts. Additionally, defendant and the prosecutor both stipulated to a finding that defendant was insane when she committed the felony offenses and agreed defendant should "serve her sentence" at a state hospital. The trial court accepted the guilty plea and also found her not guilty by reason of insanity (NGI) pursuant to the stipulation. Five months into her commitment to a state hospital, defendant attempted to…

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