Legal Opinion

People v. Cuevas

California Supreme Court

Decided July 10, 2008No. S147510PublishedCited by 46 opinions

1Opinion of the Court

Opinion

CHIN, J.

Negotiated plea agreements may include a sentence “lid,” which

constrains the maximum sentence a trial court may impose but is less than the maximum exposure the defendant would otherwise face absent the agreed-upon lid. In People v. Shelton (2006) 37 Cal.4th 759, 763 [37 Cal.Rptr.3d 354, 125 P.3d 290] (Shelton), we held that when a plea agreement specifies a sentence lid, “a challenge to the trial court’s authority to impose the lid sentence is a challenge to the validity of the plea requiring a certificate of probable cause.” Absent such certificate, a defendant may not later…

2Cases cited16 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. People v. WendeCalifornia Supreme Court · 1979
  4. Cunningham v. CaliforniaSupreme Court of the United States · 2007
  5. People v. ScottCalifornia Supreme Court · 1994

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

3Cited by46 opinions

  1. People v. StampsCalifornia Supreme Court · 2020
  2. People v. Hurlic, California Court of Appeal, 5th District2018
  3. People v. ClanceyCalifornia Supreme Court · 2013
  4. People v. JohnsonCalifornia Supreme Court · 2009
  5. Gregory Mahrt v. Jeffrey BeardCourt of Appeals for the Ninth Circuit · 2017

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

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