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People V. Shelton

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eBook details

  • Title: People V. Shelton
  • Author : In the Supreme Court of California
  • Release Date : January 05, 2006
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

In this case we granted review on two issues concerning a negotiated plea agreement that includes a sentence "lid" constraining the maximum sentence that the trial court may impose: (1) Must the defendant obtain a certificate of probable cause to challenge on appeal the trial court's legal authority to impose the maximum or "lid" sentence? (2) Is a challenge that is based on the multiple punishment prohibition of Penal Code section 654 barred by rule 4.412(b) of the California Rules of Court, which states that "[b]y agreeing to a specified prison term personally and by counsel, a defendant who is sentenced to that term or a shorter one abandons any claim that a component of the sentence violates [Penal Code] section 654's prohibition of double punishment, unless that claim is asserted at the time the agreement is recited on the record"?


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