Legal Opinion

People v. Avila

California Court of Appeal

Decided May 5, 1994No. H011281PublishedCited by 3 opinions

1Opinion of the Court

Opinion

MIHARA, J.

After pleading guilty to second degree murder, defendant Greg Avila moved to withdraw his plea on the ground that he had been misadvised regarding the length of the parole term he would be required to serve. Defendant appeals from the trial court’s denial of that motion, arguing that the court’s misadvisement violated an integral term of the plea agreement. We disagree and affirm the judgment.

Background

Because the issues raised in this appeal are essentially procedural, a detailed recital of the underlying facts is unnecessary. Defendant’s conviction arose from a…

2Cases cited7 opinions

  1. Santobello v. New YorkSupreme Court of the United States · 1971
  2. Bunnell v. Superior CourtCalifornia Supreme Court · 1975
  3. People v. WalkerCalifornia Supreme Court · 1991
  4. People v. McClellanCalifornia Supreme Court · 1993
  5. In Re MoserCalifornia Supreme Court · 1993

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

3Cited by3 opinions

  1. Berman v. CateCalifornia Court of Appeal · 2010
  2. People v. Jenkins CA2/5California Court of Appeal · 2021
  3. The People v. Cisneros CA2/5California Court of Appeal · 2013

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