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Legal Opinion

People v. Harvey

California Court of Appeal

Decided February 2, 1984No. Crim. 6451PublishedCited by 15 opinions

1Opinion of the Court

Opinion

HAMLIN, J.

Defendant was charged with murder (Pen. Code, § 187) by personal use of a firearm (Pen. Code, § 12022.5). While represented by the public defender, defendant pleaded guilty to second degree murder and admitted personal use of a firearm. The court sentenced defendant to state prison for 15 years to life plus 2 years for the firearm use.

Almost 11 months after she pleaded guilty, defendant moved, through a new attorney, to vacate her guilty plea and to set aside the judgment of conviction based thereon. The sentencing court determined it lacked jurisdiction to consider the…

2Cases cited9 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. People v. WestCalifornia Supreme Court · 1970
  3. In Re WilliamsCalifornia Supreme Court · 1969
  4. People v. Superior Court (Giron)California Supreme Court · 1974
  5. People v. SwannCalifornia Court of Appeal · 1963

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

3Cited by15 opinions

  1. People v. HuntCalifornia Court of Appeal · 1985
  2. People v. NanceCalifornia Court of Appeal · 1991
  3. People v. HuricksCalifornia Court of Appeal · 1995
  4. People v. ShawCalifornia Court of Appeal · 1998
  5. People v. BreslinCalifornia Court of Appeal · 2012

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

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