Does a defendant have forfeited review of his section 17(b) motion?

California, United States of America


The following excerpt is from People v. Martinez, H039686 (Cal. App. 2014):

The Attorney General contends that defendant has forfeited review of his section 17(b) motion, because he withdrew the motion. Ordinarily, this court will not review a tentative ruling when no definite ruling follows. (People v. Burnett (2003) 110 Cal.App.4th 868, 880.) However, we reach the procedural issue under these circumstances due to the necessity of a trial court ruling on the scope and terms of the plea agreement before the initial sentencing, in light of the enduring effect of initial felony versus misdemeanor treatment on the strike character of defendant's section 422 conviction.

Other Questions


Does a defendant have forfeited the issue of motive under section 1101, subdivision (b) of section 1103 of the Criminal Code for failing to provide evidence that the victim's prior criminal convictions would have bolstered his claim of self-defense? (California, United States of America)
In reviewing a ruling on an anti-SLAPP motion, how do we review an order granting or denying a motion to strike under section 425.16 de novo? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (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)
How has the trial court treated a motion to suppress a motion by a public defender appointed to represent defendant? (California, United States of America)
Does Section 425.16 of the California Anti-SLAPP Act allow a defendant to request a motion to strike a motion against a plaintiff's petition? (California, United States of America)
How should the Court of Appeal review the first-stage ruling of a motion to review the denial of Batson/Wheeler motion? (California, United States of America)
What is the basis for a motion to reverse the denial of defendant's motion to strike a prior serious or violent felony conviction under section 1385? (California, United States of America)
What is the test for denying a defendant's section 17, subdivision (b) motion for abuse of power? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.