Can an extrajudicial statement relating to his guilt of a charged crime be challenged on appeal?

California, United States of America


The following excerpt is from People v. Devaughn, 135 Cal.Rptr. 786, 18 Cal.3d 889, 558 P.2d 872 (Cal. 1977):

Given the accused's guilty plea, an extrajudicial statement relating to his guilt of a charged crime does not, by reason of a claim that it was involuntarily or improperly induced, raise an issue on appeal based on 'constitutional, jurisdictional or other grounds going to the legality of the proceedings' resulting in the plea. 5 On the other hand, a claim that the Plea as distinguished from an extrajudicial statement was improperly induced would challenge the legality of the proceedings resulting in the plea and would thus be cognizable on an appeal pursuant to section 1237.5. Defendants in the instant case, accordingly, cannot raise on this appeal claims that their extrajudicial statements were involuntarily induced. They may, however, attack on this appeal the validity of their pleas on the ground that because it was beyond the power of the trial court to bargain with defendants to preserve for appellate purposes the issues of involuntariness, they were improperly induced to enter such pleas. (See People v. Ribero, supra, 4 Cal.3d 55, 63, 92 Cal.Rptr. 692, 480 P.2d 308; People v. Rose (1959) 171 Cal.App.2d 171, 172, 339 P.2d 954.) We conclude that the judgments must be reversed because defendants' pleas were induced by misrepresentations of a

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