Legal Opinion

People v. Kim

California Court of Appeal

Decided March 30, 2011No. H034868PublishedCited by 23 opinions

1Opinion of the Court

*1358Opinion

RUSHING, P. J.

In what might serve as a monument to our “Byzantine” sentencing law (People v. Velasquez (1999) 69 Cal.App.4th 503, 505 [81 Cal.Rptr.2d 647]), we are called upon to decide how many lifetimes a defendant can be sentenced to spend in prison based upon a plea agreement calling for him to spend only one. We hold that where a criminal defendant enters a guilty plea on the understanding that he will serve one lifetime in prison, he cannot be sentenced to serve two or more lifetimes without first being given an opportunity to withdraw his plea. Because defendant Somnang Kim was…

2Cases cited24 opinions

  1. People v. KaaneheCalifornia Supreme Court · 1977
  2. People v. HesterCalifornia Supreme Court · 2000
  3. People v. WalkerCalifornia Supreme Court · 1991
  4. People v. SeguraCalifornia Supreme Court · 2008
  5. People v. SheltonCalifornia Supreme Court · 2006

19 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. People v. StampsCalifornia Supreme Court · 2020
  2. People v. Fox, California Court of Appeal, 5th District2019
  3. Brown v. County of Los AngelesCalifornia Court of Appeal · 2014
  4. People v. SilvaCalifornia Court of Appeal · 2016
  5. People v. Woods, California Court of Appeal, 5th District2017

18 more not listed; retrieve them via the Exa API.

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