California, United States of America
The following excerpt is from The PEOPLE V. JAMES, A124954, A126576, No. C160389 (Cal. App. 2010):
" 'Just as a defendant may affirmatively waive constitutional rights to a jury trial, to confront and cross-examine witnesses, to the privilege against self-incrimination, and to counsel as a consequence of a negotiated plea agreement, so also may a defendant waive the right to appeal as part of the agreement.' [Citation.] As the Court of Appeal noted in People v. Vargas (1993) 13 Cal.App.4th 1653, 1659 [17 Cal.Rptr.2d 445]: 'The right to appeal a criminal conviction has no roots in the United States or California Constitutions and is a statutory right only. [Citations.] If a defendant may waive important constitutional rights by pleading guilty, it follows a fortiori that a defendant may expressly waive his statutory right to appeal as part of a plea agreement....' " (People v. Aparicio (1999) 74 Cal.App.4th 286, 289, citing People v. Panizzon (1996) 13 Cal.4th 68, 80.) "[T]herefore, an express waiver of the right of appeal made pursuant to a negotiated plea agreement is valid provided defendant's waiver is knowing, intelligent and voluntary." (People v. Vargas, supra, at p. 1659; see also People v. Charles (1985) 171 Cal.App.3d 552, 558-559.)
We first consider whether defendant's plea and waiver of rights was knowing and voluntary." 'To be enforceable, a defendant's waiver of the right to appeal must be knowing, intelligent, and voluntary. [Citations.] Waivers may be manifested either orally or in writing....' [Citation.]" (People v. Aparicio, supra, 74 Cal.App.4th 286, 289.) A plea, like any other waiver of constitutional rights, "may be accepted by the court only if knowing and intelligent made with a full awareness of the nature of the
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