Plea Bargaining Archives

Categories: Lower term under AB 124/SB 567, Plea Bargaining, Pleas, Sentencing

Summary

Newly enacted Penal Code section 1170, subdivision (b)(6) (addressing imposition of the lower term when certain mitigating circumstances are present), does not apply to sentences imposed pursuant to a negotiated plea with a stipulated sentence. Pursuant to a negotiated plea…

View Full Summary

Name: People v. Ruggerio

Case #: B305655

Opinion Date: 06/25/2021

Categories: Legislation, Plea Bargaining, Pleas, Probation, Probation / Parole / PRCS, Retroactivity/Abatement, SB 136 Prior Prison Term, Sentencing

Summary

Where defendant was placed on probation and execution of the imposed state prison sentence was suspended, defendant was entitled to retroactive application of the ameliorative provisions of Senate Bill No. 136, but remand for reconsideration of the plea agreement was…

View Full Summary

Name: People v. Richardson

Case #: A157529

Opinion Date: 06/10/2021

Categories: Appeals, Guilty Pleas, Plea Bargaining, Pleas, Review Principles

Summary

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…

View Full Summary

Name: People v. Stamps

Case #: S255843

Opinion Date: 06/25/2020

Categories: Guilty Pleas, Plea Bargaining, Pleas, SB 1393 Discretion to Strike Prior Serious Felony, Sentencing

Summary

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…

View Full Summary

Name: People v. Hampton

Case #: C081038

Opinion Date: 11/01/2019

Categories: Motions Dismiss/Strike, Plea Bargaining, Pleas, Pretrial Motions

Summary

A trial court's dismissal of a criminal case in its entirety is a final judgment and divests the court of jurisdiction to vacate the dismissal. Defendant was charged with criminal threats and other offenses. In two separate actions, the prosecution…

View Full Summary

Name: People v. Patton

Case #: D074344

Opinion Date: 11/06/2019

Categories: Appeals, Guilty Pleas, Plea Bargaining, Pleas, Probation, Probation / Parole / PRCS, Waiver of Right

Summary

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…

View Full Summary

Name: People v. Allison

Case #: A153527

Opinion Date: 09/05/2019

Categories: Extraordinary Remedies, Habeas Corpus (State), Not Guilty, Plea Bargaining, Pleas, Sentencing, Unlawful Sentence

Summary

Petitioner was not required to obtain certificate of probable cause (CPC) prior to filing a habeas petition in the superior court challenging his unlawful sentence. From 2000 to 2005, Allison pleaded no contest to multiple violent felonies in three different…

View Full Summary

Name: People v. Wright

Case #: D073038

Opinion Date: 01/25/2019

Categories: Guilty Pleas, Plea Bargaining, Pleas

Summary

A defendant's waiver of the right to appeal a stipulated sentence does not apply to a future sentencing error based on a change in the law that appellant was unaware of at the time of the entry of plea. In…

View Full Summary

Name: People v. Bueno

Case #: F074946

Opinion Date: 02/19/2019

Categories: Guilty Pleas, Plea Bargaining, Pleas

Summary

Even though defendant did not object at the sentencing hearing, she did not waive her right to have her sentence imposed by the judge that accepted her plea. Bueno pleaded guilty to multiple charges related to vehicular manslaughter while she…

View Full Summary

Name: People v. Cisneros-Ramirez

Case #: G055409

Opinion Date: 11/26/2018

Categories: Appeals, Guilty Pleas, Interrogations & Confessions, Miranda v. Arizona, Plea Bargaining, Pleas, Waiver of Right

Summary

Defendant's waiver of his "right to appeal from [his] guilty plea" precludes appellate review of his motion to exclude statements on Miranda grounds. Defendant's pretrial motion to suppress his statements following his arrest as obtained in violation of Miranda v.…

View Full Summary

Page 1
Page 2
Page 3
Page 4
…
Page 12
Next