Can a defendant who has pleaded guilty to a charge under section 1237 of the Criminal Code, challenge the sentence on appeal?

California, United States of America


The following excerpt is from People v. Neil, B266082 (Cal. App. 2016):

plea . . . [A] defendant cannot admit the sufficiency of the evidence by pleading guilty and then question the evidence by an appeal under section 1237.5 [citation]"]; see People v. Young (2000) 77 Cal.App.4th 827, 829 ["'a challenge to a negotiated sentence imposed as part of a plea bargain is properly viewed as a challenge to the validity of the plea itself' and therefore requires that the defendant 'seek and obtain a probable cause certificate in order to attack the sentence on appeal'"].)

Other Questions


Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does a defendant who pleads not guilty by reason of insanity have to plead not guilty to the same charge under section 1016 of the California Criminal Code? (California, United States of America)
What is the effect of section 654 of the California Criminal Code when a defendant is found guilty of a charge under Section 654, subdivision (a) of the Criminal Code? (California, United States of America)
What is the effect of Section 969a of the California Criminal Code when a jury has found a defendant not guilty of a charge of assault but found him guilty of the same charge? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
What is the appropriate sentence for a defendant who has pleaded guilty to a charge of attempted murder under section 667.5 of the California Criminal Code? (California, United States of America)
Does section 654 of the Penal Code section 54 of the Criminal Code apply to a defendant who pleaded guilty to two counts of assault? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.