People v. Hester

Opinion

BROWN, J.

California Rules of Court, rule 412(b) provides: “By agreeing to a specified prison term personally and by counsel, a defendant who is sentenced to that term or a shorter one abandons any claim that a component of the sentence violates [Penal Code] section 654’s prohibition of double punishment, unless that claim is asserted at the time the agreement is recited on the record.”1

The question presented by this case is whether rule 412(b) is invalid because it conflicts with section 654. We conclude there is no conflict.

Factual and Procedural Background

Defendant broke into his…