Can a defendant waive a waiver in a criminal case?

California, United States of America


The following excerpt is from People v. Dabbs, F073976 (Cal. App. 2017):

2. People v. Harvey (1979) 25 Cal.3d 754. A Harvey waiver is a defendant's agreement, as part of a plea bargain, to allow the sentencing court to consider the facts that supported dismissed counts. Harvey bars this absent the defendant's consent. (People v. Munoz (2007) 155 Cal.App.4th 160, 166-167.)

Other Questions


What is the test for establishing that a defendant has committed a criminal offence against a defendant in a criminal case? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
Is a parent, relative, or co-habitant of a defendant in a criminal case outside the scope of marital privilege in criminal cases? (California, United States of America)
When a defendant waives a waiver of his right to leave the scene of the crime, does the waiver constitute a knowing waiver? (California, United States of America)
What is the test for establishing intent in a criminal case when a defendant has committed an uncharged act of violence against another defendant? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
How does the waiver rule apply to a defendant in a criminal case? (California, United States of America)
Is there any case law in which a defendant has been found to be in breach of the criminal code by failing to comply with the statutory requirement that a pattern of criminal gang activity be gang related? (California, United States of America)
What is the test for obtaining a written waiver of a criminal defendant's right to be present at a criminal trial? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.