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Legal Opinion

People v. Casillas

California Court of Appeal

Decided December 24, 1997No. F027004PublishedCited by 8 opinions

1Opinion of the Court

Opinion

DIBIASO, J.

When a defendant pleads guilty pursuant to a favorable sentence bargain subject to an express condition subsequent, is he or she entitled to withdraw the plea when the condition subsequent (his nonappearance at sentencing) occurs? For reasons we will explain, the answer is no.

Facts

Luis Manuel Casillas pled no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). Germane to this appeal is the following excerpt from the plea proceedings:

“The Court: Louis Manuel Castillas [sic] 68803. Defendant is present with Miss Bukowski and the interpreter.…

2Cases cited8 opinions

  1. People v. CruzCalifornia Supreme Court · 1988
  2. People v. VargasCalifornia Court of Appeal · 1990
  3. People v. MorrisCalifornia Court of Appeal · 1979
  4. People v. SantosCalifornia Court of Appeal · 1985
  5. People v. BarreroCalifornia Court of Appeal · 1985

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

3Cited by8 opinions

  1. Tweedy v. StateCourt of Appeals of Maryland · 2004
  2. People v. IbanezCalifornia Court of Appeal · 1999
  3. People v. HsuCalifornia Court of Appeal · 2008
  4. People v. MasloskiCalifornia Supreme Court · 2001
  5. People v. CarrCalifornia Court of Appeal · 2006

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

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