Legal Opinion
People v. Toscano
California Court of Appeal
Decided November 22, 2004No. B172387PublishedCited by 31 opinions
1Opinion of the Court
Opinion
VOGEL, J.
Pursuant to a negotiated plea, Arthur Toscano pled guilty to one count of spousal abuse and admitted he had suffered one prior strike conviction and served one prior prison term. He was sentenced to state prison for a term of five years (two years for the current offense, doubled for the strike, plus an additional year for the prior prison term). Toscano appeals, claiming the trial court should have enforced his plea agreement by permitting him to move to strike the prior conviction allegation both on Romero and constitutional grounds. We agree and therefore reverse.
DISCUSSION
A
2Cases cited7 opinions
- People v. Superior Court (Romero)California Supreme Court · 1996
- Mabry v. JohnsonSupreme Court of the United States · 1984
- People v. KaaneheCalifornia Supreme Court · 1977
- United States v. Alberto De La FuenteCourt of Appeals for the Ninth Circuit · 1993
- People v. SumstineCalifornia Supreme Court · 1984
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Kernan v. CueroSupreme Court of the United States · 2017
- People v. SheltonCalifornia Supreme Court · 2006
- Brian A. Buckley v. C.A. Terhune, Director of the California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2006
- Michael Cuero v. Matthew CateCourt of Appeals for the Ninth Circuit · 2016
- Stafford B. Davis v. Jeanne S. Woodford, Director, California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2006
26 more not listed; retrieve them via the Exa API.