Legal Opinion

People v. Hurlic

California Court of Appeal, 5th District

Decided July 9, 2018No. B286082PublishedCited by 46 opinions

1Opinion of the CourtHoffstadt, J.

*53As a general rule, a criminal defendant who enters a guilty or no contest plea with an agreed-upon sentence may challenge that sentence on appeal only if he or she first obtains a certificate of probable cause from the trial court. ( Pen. Code, § 1237.5, subd. (a) ;1 People v. Panizzon (1996) 13 Cal.4th 68, 76, 51 Cal.Rptr.2d 851, 913 P.2d 1061 ( Panizzon ); People v. Cuevas (2008) 44 Cal.4th 374, 384, 79 Cal.Rptr.3d 303, 187 P.3d 30 ( Cuevas ).) Does this general rule apply when the defendant's challenge to the agreed-upon sentence is based on our Legislature's enactment of a statute that…

2Cases cited27 opinions

  1. In Re EstradaCalifornia Supreme Court · 1965
  2. People v. AlvarezCalifornia Supreme Court · 1996
  3. People v. BrownCalifornia Supreme Court · 2012
  4. People v. FrancisCalifornia Supreme Court · 1969
  5. People v. PanizzonCalifornia Supreme Court · 1996

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

3Cited by46 opinions

  1. People v. Fox, California Court of Appeal, 5th District2019
  2. People v. K.P., California Court of Appeal, 5th District2018
  3. People v. Baldivia, California Court of Appeal, 5th District2018
  4. People v. Kelly, California Court of Appeal, 5th District2019
  5. People v. Stamps, California Court of Appeal, 5th District2019

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

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